Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit Knocks Down VA’s Interpretation of 2017 “Accountability” Law

In two opinions issued on August 12, 2021, the United States Court of Appeals for the Federal Circuit found that the Department of Veterans Affairs erroneously interpreted the provisions of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 when disciplining its employees. The purpose of the 2017 law, codified at 38 U.S.C. § 714, was to provide for expedited discipline of VA employees, strip MSPB of its authority to mitigate the VA’s chosen penalty, and to impose a less rigorous burden of proof on the agency at the appellate level than a traditional MSPB appeal.

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New IG Memo Finds HR Deficiencies at DOJ

The Department of Justice (DOJ) Office of the Inspector General (OIG) issued a management advisory memorandum to leaders at the Justice Management Division (JMD) identifying a number of concerns with human resources policies and data. The memo notes several continued deficiencies initially identified in DOJ OIG’s October 2020 report on enhancing human capital titled “Top Management and Performance Challenges Facing the Department of Justice 2020.”

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75 Years of the Administrative Procedure Act & What it Means for You

This year marks the 75th anniversary of the Administrative Procedure Act (APA). This “super statute” governs the way administrative agencies develop and issue regulations and allows for oversight of agency actions by federal courts. On FEDtalk last week, the guests took a brief look at the history of the APA and how the law has evolved over the last 75 years. Finally, the group discussed modern issues in administrative law and how these challenges impact the civil service.

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U.S. Cybersecurity Infrastructure Is Weak, According to Senate Report

An August 2021 report released by the Senate Committee on Homeland Security and Governmental Affairs found that out of the eight agencies audited, only the Department of Homeland Security showed improvements in its cybersecurity program since a 2019 Senate report which “highlighted systemic failures of eight key federal agencies to comply with federal cybersecurity standards.”

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Seventh Circuit: Warrantless Public Pole Camera Surveillance Is Not An Unlawful Search Under The Fourth Amendment

From 2013 to 2016, several law enforcement agencies investigated a methamphetamine distribution conspiracy in Illinois. The government installed three cameras on nearby utility poles to monitor the home of defendant Travis Tuggle. Two cameras viewed the front of Tuggle’s home and a nearby parking area. The third camera viewed a shed owned by codefendant, Joshua Vaultonburg.

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Biden Nominees for Key DHS Posts Advance

President Biden’s nominees to fill key roles within the Department of Homeland Security (DHS) are advancing in the Senate. The Senate confirmed Ur Jaddou as the new director of U.S. Citizenship and Immigration Services (USCIS) on July 30 on a 47-34 party-line vote.

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