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France court finds government liable for climate change inaction

JURIST

In determining whether the French state had failed in its obligations, the court ruled that the state could only be held responsible for part of the damages if it had not respected its commitments to reduce its greenhouse gas emissions.

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Justices reject issue-exhaustion requirement for Social Security claimants

SCOTUSBlog

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. The court ruled 9-0 that claimants need not raise all of their specific issues before the agency.

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Court Rules for Home Depot in Barring Black Lives Matter Imagery

JonathanTurley

The NLRB quickly dismissed objections about compelled speech by the company if the government were to order the company to allow such political and social expression in the workplace. The question is whether the government can require companies to allow speech deemed unacceptable or offensive. of State, County, and Mun.

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In back-to-back cases, justices will scrutinize traditional limits on challenges to agency proceedings

SCOTUSBlog

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

Statute 106
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Another federal agency challenges adverse ruling by 5th Circuit

SCOTUSBlog

To enforce these laws, Congress created the SEC. It granted the agency the power to regulate investors through either lawsuits in federal court or internal hearings in front of an administrative law judge, or ALJ. Jarkesy , the government asks the justices to reverse the 5th Circuit’s decision. Diaz-Rodriguez v.

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Becerra’s Blunder: Did the Administration Allow Fauci and other Officials to Operate Illegally?

JonathanTurley

In one case involving challenged administrative law judges in 2018, the Supreme Court ruled in Lucia v. Executive officials do not have the authority to dismiss federal law any more than they have the authority to act without meeting the conditions to hold their positions under federal law.

Legal 35
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Report: Summer School on the new Foreign Relations Law, MPIL Heidelberg, June 8-10, 2022

Conflict of Laws

This also generates questions of whether such a field of law is needed at all or which particular issues it should govern, as the possible area of regulation is to a large extent covered by other areas of law, namely international law, conflict of laws, constitutional law, and administrative law as well as by the field of diplomacy.

Laws 52