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US Supreme Court grants certiorari for two cases regarding federal district courts’ jurisdiction

JURIST

Under § 2255, federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims indicating “factual innocence” or relying on “constitutional law decisions made retroactive” by the Supreme Court. ” Jones v.

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India Supreme Court issues notice in petition challenging bar exam rules

JURIST

The petition challenges the Bar Council of India’s authority to prescribe a post-enrollment qualification for practising law. It also seeks a stay on the Bar Council’s December 21, 2020 notification which announces that the AIBE will be conducted twice, first on 24 January and then on 21 March 2021.

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Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings

Constitutional Law Reporter

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Citing Carr v. Saul , 593 U.S.

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An alarmist take on the Supreme Court’s agenda

SCOTUSBlog

Share A review of Ian Millhiser, The Agenda: How a Republican Supreme Court Is Reshaping America (Columbia Global Reports 2021). Columbia Global Reports 2021). Millhiser illustrates this thesis with a whirlwind tour of four key areas: the right to vote, administrative law, religion and the right to sue.

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Justices Refuse to Require Issue Exhaustion of Social Security Claimant

Constitutional Law Reporter

Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court unanimously held in Carr v. Facts of the Case. Thereafter, the U.S.

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India court stays new technology rules for violating free speech

JURIST

The post India court stays new technology rules for violating free speech appeared first on JURIST - News - Legal News & Commentary.

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Monday March 1: US v. Arthrex — Was the PTAB Unconstitutionally Appointed

Patently O

Supreme Court 2021). 2, administrative patent judges of the U.S. Whether, if administrative patent judges are principal officers, the court of appeals properly cured any Appointments Clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. by Dennis Crouch. United States v.