Motion Picture Association of America, Inc. v. Ralph Oman
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge:
The Motion Picture Association of America (MPAÁ) asked the Copyright Office to engage in a retroactive rulemaking. The Office promulgated the requested regulation, but refused to apply it retroactively. On MPAA’s complaint, the district court found in favor of the Office for a very basic reason. In adjudication, retroactivity is the norm; in legislation it is the exception. In rulemaking, the administrative analogue to legislation, exceptions are fewer still. Agency power is derived from statutes. If Congress has…
2Cases cited16 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
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3Cited by57 opinions
- Health Cost Controls of Illinois, Inc. v. Valerie WashingtonCourt of Appeals for the Seventh Circuit · 1999
- Oldham v. Korean Air Lines Co., Ltd.Court of Appeals for the D.C. Circuit · 1997
- Kaseman v. District of ColumbiaDistrict Court, District of Columbia · 2004
- In Re Guardianship of DuckettMississippi Supreme Court · 2008
- Wyatt v. Syrian Arab RepublicCourt of Appeals for the D.C. Circuit · 2012
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