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In far cry from usual textualism, court rejects veteran’s attempt to reopen a benefits denial based on legal error

SCOTUSBlog

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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Bahraini High Court on Choice of Court and Choice of Law Agreements

Conflict of Laws

Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void. The recent judgment of the High Court of Bahrain (a first instance court in the Bahraini judicial system ) in the Case No. Pursuant to Article 4 of Law No. 231/2005 of 27 February 2006 ).

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Federal Court Rules In Favor Of Journalist Contesting Georgia’s Anti-BDS Law

JonathanTurley

This week, a court in Georgia became the latest to declare such laws unconstitutional. The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. ” She was then denied the contract. In NAACP v. Claiborne Hardware Co.

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Federal Judge Suggests Abortion May Be Protected Under 13th Amendment’s Ban on Involuntary Servitude

JonathanTurley

They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.” ” Bailey involved an Alabama law making it a crime to refuse to do labor under a contract. Alabama , 219 U.S. Bangerter , 61 F.3d

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July 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance. ADDITION TO THE NON-U.S.

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Will Biden’s Vaccine-Mandate “Work-Around” Work with the Supreme Court?

JonathanTurley

While some may have contracted the virus in the workplace, courts may demand a closer nexus to a “grave danger” inherent in the workplace. But it also is a generally-worded statute that can be interpreted broadly, and I expect a split in court decisions — and that only increases the likelihood of a Supreme Court review.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Northern Plains Resource Council v.