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Cyprus: Enforcement Of Arbitral Award – Are The Criteria Of Article IV Of New York Convention Rigid Rules? - Soteris Pittas & Co LLC

In the recent decision of the District Court of Nicosia in Smagin ν. Kalken Holdings Limited a.o Application Numb: 601/2017, the Court examined the criteria for Recognition and Enforcement...
Tags: News, Court, Cyprus, Soteris Pittas amp ; Co LLC, District Court of Nicosia, Smagin Kalken Holdings


Skirmishes over Non-Retroactivity Doctrine at the Supreme Court

Samuel Beswick In two judgments this term, Barr v. AAPC and Ramos v. Louisiana , the Supreme Court justices seem to have signaled their positions on the future of federal non-retroactivity doctrine. This doctrine, as I argue in a forthcoming article in the Yale Law Journal, is fundamentally flawed and should not be maintained. Non-retroactivity doctrine (also known as “prospective overruling” or prospective judicial law-making) came to prominence with the Warren and Burger Court...
Tags: Supreme Court, Congress, Court, Georgia, South Dakota, Davis, Louisiana, Harper, Branding, Guest Blogger, Thomas, University of British Columbia, Wayfair, Scalia, Roberts, Ginsburg


Genetic Discrimination Measures Upheld

In Chapter 11 of the “Canadian Health Law Practice Manual,” Genetics and the Law, Amy Zarzeczny, Tracey M. Bailey and Timothy Caulfield state, One concern that consistently emerges in relation to obtaining genetic information is the worry that an individual may be discriminated against on the basis of his or her genetic make-up and, specifically, on the basis of a predisposition to a certain condition or disease. Discrimination can of course occur on a wide variety of fronts including, but not l...
Tags: Supreme Court, Law, Court, Canada, Bill, Parliament, Ontario, Human Rights Commission, Supreme Court of Canada, Mohammad, HUNTINGTON, Standing Committee, Legislative Assembly, Quebec Court of Appeal, PIPEDA, Karakatsanis


Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (June 12 – July 10, 2020 inclusive). Appeals Contracts: Arbitration Clauses; Unconscionability Uber Technologies Inc. v. Heller, 2020 SCC 16...
Tags: Uber, Law, Court, Netherlands, Court of appeal, Parliament, British Columbia, Ontario, Wagner, Li, Honda Odyssey, Ahmad, R, SCC, Heller, Summaries Sunday


Australia: TGIF: A bird in the hand - Court refuses to terminate DOCA - Corrs Chambers Westgarth

This decision highlights the proper test that the Court will consider when deciding whether to terminate a DOCA.
Tags: News, Australia, Court, DOCA Corrs Chambers Westgarth


Symposium: On Trump tax returns, the latest battles may be over, but the war rages on

John Malcolm is vice president of the Institute for Constitutional Government at The Heritage Foundation. President Donald Trump is one step closer to having to disclose his financial records. But, as Yogi Berra said, “It ain’t over till it’s over.” The fight will go on, and the ultimate issue — will Trump have to disclose and, if so, to whom — will likely not be resolved until after the November election. First, some background. During his presidential run, Trump broke with precedent and refuse...
Tags: Featured, Supreme Court, Law, Congress, California, Court, United States, House, Bill Clinton, Party, Donald Trump, George W Bush, Irs, Jones, Clinton, Trump


Court Rules Government Can Restrict Women’s Statutory Right to Contraception Based on Employer Opposition

(Cross-posted from Human Rights at Home blog,  here ) I suppose we are meant to be grateful for the Court’s opinion recognizing that discrimination against gay, lesbian and trangender people is sex discrimination under Title VII, as Andrew Koppelman explained a generation ago and discusses in a July 10th post here.  And also for the Court’s opinion in June Medical that preserves, for now, the right to abortion.  But the decision in Little Sisters of the Poor v. Pennsylvania is a real kicker...
Tags: Court, Pennsylvania, United States, Branding, Lee, Ginsburg, Andrew Koppelman, Little Sisters of the Poor, Priscilla Smith, Adam Liptak Court, Birth Control New York Times, Estate of Thornton, Caldor Inc


Bostock and mindlessness

Steven D. Smith argues, at Law and Liberty, that the Supreme Court’s Bostock v. Clayton Countydecision, which held that discrimination against gay and transgender people is sex discrimination prohibited by the Civil Rights Act of 1964, is “mindless in a quite literal sense.”  His attack on the decision rests on a faulty conception of how rules of law work. Smith observes that the authors of the Act did not decide that protection should thus be extended, and would have been surpri...
Tags: Supreme Court, Congress, Court, Smith, Environmental Protection Agency, Branding, Gorsuch, Andrew Koppelman, Yale L J, Bostock, Frederick Schauer, Charles L Black Jr, Steven D Smith, Clayton Countydecision, Rather Smith


Symposium: A resounding rejection of Trump’s authoritarian approach to the presidency

Jamila Benkato and Ben Berwick are counsels, and Justin Florence is legal director, at Protect Democracy. They filed an amicus brief on behalf of former Republican members of Congress, former executive branch members under Republican administrations, and legal experts in support of the respondent in Trump v. Vance. There has been much focus in the immediate commentary on whether the decisions in Trump v. Vance and Trump v. Mazars are a “ ” or “loss” for President Donald Trump. Experts are alread...
Tags: New York, Featured, Supreme Court, Law, Congress, Court, United States, Department Of Justice, Republican, Donald Trump, Doj, Justice Department, Jones, Clinton, Trump, Thomas Jefferson


European Union: The Right Of Citizens Of The Union And Their Family Members To Move And Reside Freely Within The EU - GANADO Advocates

On the 18 June 2020, the Court of Justice of the European Union (the "CJEU" or the "Court"), delivered a preliminary ruling in proceedings between Ryanair Designated Activity Company ("Ryanair")...
Tags: News, Court, European Union, Court of Justice, CJEU, EU GANADO


Supreme Court to Decide Lawfulness of FHFA Structure

The United States Supreme Court (USSC) will hear arguments in a case that challenges the single-director leadership structure of the Federal Housing Finance Agency (FHFA), just weeks after a ruling in which it deemed a similar structure at the Consumer Financial Protection Bureau (CFPB) unconstitutional. “The justices granted a pair of cases, Collins v. Mnuchin and Mnuchin v. Collins, involving a challenge to the structure of the Federal Housing Finance Agency,” writes reporter Amy Howe for S...
Tags: Supreme Court, Finance, Court, United States, Social Security Administration, George W Bush, Collins, Mike Pence, Freddie Mac, Treasury Department, Howe, Consumer Financial Protection Bureau, FHFA, Fannie Mae, USSC, Amy Howe


Great sentencing pieces in 'New Developments in Public Defense Research" collection in Criminal Justice Policy Review

I just came across this great collection of articles under the title "New Developments in Public Defense Research," which appears in the July 2020, issue of the journal Criminal Justice Policy Review. The volume includes seven original papers and an introduction on a range of topics related to public defenders and public defense.  The whole issue is worth checking out, and sentencing fans might be especially interested in these articles: Including Assets-Based Mitigation in Sentencing by Elizab...
Tags: Law, Court, Alabama, Michigan, Louisiana, Montgomery, Miller, Elizabeth, U S Supreme Court, Douglas A Berman, LWOP, Criminal Justice Policy Review, Public Defense Research, Holistic Public Defense Post Montgomery, Jeanette Hussemann, Jonah Siegel


‘Church’ Selling Bleach As COVID Cure Hit With Criminal Charges

The Feds have had enough of a Florida “church” selling bleach as a COVID-19 cure. On Wednesday, criminal charges were unsealed against the leadership of “Genesis II Church of Health and Healing,” allegedly a family business of sorts that, according to authorities, sold a half-million dollars in “Miracle Mineral Solution” (MMS) products to their devoted followers over the past year. The church’s “archbishop,” Mark Scott Grenon, is a household name in the household-cleaners-as-fake-medicines ga...
Tags: Florida, News, Court, United States, Williams, Mms, Fda, Doj, Bleach, Mark, Don, Joseph, United States District Court, Feds, Southern District of Florida, Jonathan Jordan


Relist Watch: The final countdown

SCOTUSblog reviews the relists at October Term 2019’s final conference. Before the justices leave town for the summer (or in this age of lockdown, stay home but change out of their “work” sweatpants into their “casual” sweatpants), they have one last impromptu conference to consider — and usually dispose of — all of the cases remaining after their last scheduled conference. Yesterday, the little yellow square on the Supreme Court’s calendar over July 8 signifying an “opinion day” turned into a g...
Tags: Featured, Supreme Court, Law, Congress, Court, Treasury, Collins, Federal Trade Commission, Securities And Exchange Commission, Ftc, Agency, Freddie Mac, Liu, CFPB, U S Court of Appeals, Consumer Financial Protection Bureau


The Supreme Court's top cases

Learn about the biggest decisions this term, including abortion and immigration, gay rights and gun rights, health care and religious school funding — even President Trump's taxes and financial records were before the Court.         [Author: USA TODAY]
Tags: Usa, News, Supreme Court, Court, Usa Today, Trump


SCOTUS holds in McGirt, via 5-4 vote with Justice Gorsuch authoring majority opinion, that big part of Oklahoma is a reservation precluding state prosecutions

Proving yet again that he is fully prepared to rule in favor of criminal defendants when he believes he is required to do so by the rule of law, Justice Gorsuch this morning voted with the Supreme Court's more liberal justices to hold in McGirt v. Oklahoma, No. 18–9526 (S. Ct. July 9, 2020) (available here) that a huge part of the state of Oklahoma "remains an Indian reservation for purposes of federal criminal law."  Here is how the opinion of the Court, authored by Justice Gorsuch, gets starte...
Tags: Mississippi, Supreme Court, Law, Congress, Court, Alabama, Georgia, Nebraska, Oklahoma, State, Parker, Tulsa, Creek Nation, Roberts, Creek, Gorsuch


Thursday round-up

At Bloomberg, Greg Stohr reports that the court “will end its term Thursday morning with historic rulings that will probably determine whether the public sees President Donald Trump’s long-hidden financial records before the November election.” For The New York Times, Adam Liptak looks at the two cases involving the president’s records, “one concerning subpoenas from House committees, the other a subpoena from the Manhattan district attorney, Cyrus R. Vance Jr., a Democrat.” Yesterday the court ...
Tags: Texas, Supreme Court, Law, Congress, Court, Bloomberg, Cnn, Pennsylvania, House, New York Times, Manhattan, Fox News, Catholic, The New York Times, Illinois, Vox


United States: A Step Too Far? The IRS Proposes Non-Deductibility Of Disgorgement - Shearman & Sterling LLP

On June 22, in Liu v. SEC, No. 18-1501, the U.S. Supreme Court issued the latest of its opinions reining in the SEC's use of disgorgement in civil cases. Significantly, the Court's rationale...
Tags: News, Court, United States, SEC, U S Supreme Court, Liu, Sterling LLP


Blackman, Barnett, and the Bostock decision

Josh Blackman and Randy Barnett argue in National Review that the Supreme Court was wrong to hold that discrimination against LGBT people is sex discrimination.  They claim that Justice Gorsuch’s opinion for the Court misunderstands Title VII of the Civil Rights Act, which forbids employers   to “discriminate against” employees “because of . . . sex.”  They argue that this phrase, in its ordinary meaning in 1964 (when the Civil Rights Act was passed), did not simply mean, as Justice Gorsu...
Tags: Supreme Court, Congress, Court, Barnett, Branding, Hopkins, National Review, Antonin Scalia, Bradley, Josh Blackman, Phillips, Blackman, Alito, Clayton County, Gorsuch, Randy Barnett


Torrance, Hermosa Beach Catholic schools at heart of SCOTUS discrimination decision

The Supreme Court sided with two South Bay Catholic schools — one in Torrance, the other in Hermosa Beach — in a ruling Wednesday, July 8, that expands the number of employees at religious schools and other institutions who can’t sue for employment discrimination. The 7-2 ruling stemmed from cases involving two teachers whose contracts were not renewed and argued their respective schools discriminated against them. In one case, Agnes Morrissey-Berru sued Our Lady of Guadalupe school, in Hermosa ...
Tags: News, Supreme Court, Education, La, Religion, Court, Los Angeles, Sport, Soccer, Fund, Associated Press, Catholic, Las Vegas, Kristen, Trump, San Bernardino


Opinion analysis: Court rejects challenge to exemptions from birth-control mandate

The Affordable Care Act’s birth-control mandate requires most employers to provide their female employees with health insurance that includes access to certain forms of contraceptives. In 2017, the Trump administration issued new rules that expanded an exemption from the mandate to allow private employers with religious or moral objections to opt out of providing coverage without any notice. Today, by a vote of 7-2, the Supreme Court in Little Sisters of the Poor v. Pennsylvania rejected a chall...
Tags: Featured, Supreme Court, Law, Obama, Congress, Court, Pennsylvania, United States, New Jersey, Fda, Catholic, Ruth Bader Ginsburg, ACA, Trump, Thomas, Sonia Sotomayor


Court: Some employers can refuse to offer free birth control on religious grounds

By JESSICA GRESKO WASHINGTON — The Supreme Court on Wednesday upheld Trump administration rules allowing some employers to decline to provide contraceptive coverage on religious or moral grounds, which could leave more than 70,000 women without cost-free birth control. The high court ruled 7-2 for the administration, which made a policy change to allow some employers who cite religious or moral objections to opt out of providing no-cost birth control required by the Obama-era healthcare law. Low...
Tags: Health, Business, News, Supreme Court, Obama, Congress, Washington, Russia, Religion, Court, Uncategorized, Sport, Soccer, Pennsylvania, New Jersey, Associated Press


"The Supreme Court ruled Wednesday teachers at religious schools are foreclosed from bringing workplace discrimination cases against their employers."

"The 7-2 ruling said the lawsuits could not move forward due to the “ministerial exception” and court precedent, which has held the First Amendment protects religious institutions from some workplace discrimination complaints."The Washington Times reports.AND: A second case announced this morning — "In Little Sisters of the Poor v. Pennsylvania, the justices upheld a federal rule exempting employers with religious or moral objections from providing contraceptive coverage to their employees under...
Tags: Supreme Court, Education, Law, Court, Pennsylvania, Birth Control, Poor, Nuns, Thomas, Ginsburg, The Washington Times, Sotomayor, Breyer, Kagan, Clarence Thomas, RFRA


Wednesday round-up

For The Washington Post (subscription required), Robert Barnes reports that “Chief Justice John G. Roberts Jr. suffered a fall at a Maryland country club last month that required an overnight stay in the hospital, a Supreme Court spokeswoman confirmed Tuesday night.” Adam Liptak reports tor The New York Times that “[t]he chief justice has twice had seizures, in 1993 and 2007, but [the spokeswoman’s] statement said his latest fall had not been caused by one.” At CNN, Ariane de Vogue and Paul LeBl...
Tags: Maryland, Supreme Court, Law, Washington Post, Montana, Court, Bloomberg, Ap, United States, New York Times, Keystone Xl, Marcus, Round-up, Robert Barnes, Roberts, Greenwire


Empirical SCOTUS: Precedent: Which justices practice what they preach

Although Supreme Court justices are by no means bound by their past decisions, they often respect them, for a variety of reasons. Justice Elena Kagan offered her reasons for remaining faithful to precedent in her dissent from last term’s decision in Knick v. Township of Scott, which overturned the court’s precedent on the issue of eminent domain in the state law context in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City: “[I]t promotes the evenhanded, predictable, and...
Tags: Texas, Supreme Court, Law, Court, United States, Louisiana, Ruth Bader Ginsburg, Kennedy, Thomas, Sonia Sotomayor, Wade, John Roberts, Lawrence, Scalia, Roberts, Gamble


Obergefell v. Hodges: A Critical Introduction

I have posted my latest piece, Obergefell v. Hodges: A Critical Introduction, on SSRN. Here is the abstract:This essay in two chapters is adapted from the introduction to a forthcoming collection on Obergefell v. Hodges, the 2015 Supreme Court decision that recognized the right of same-sex marriage.The first chapter tells the story of the dialectical interactions between the movement for gay rights, political actors, and state and federal courts that eventually led to recognition of marriage equ...
Tags: Supreme Court, Court, United States, Republican Party, Branding, JB, Hodges, Obergefell, Hodges the 2015 Supreme Court, Court as Mirror, Court as Mirror the Supreme Court, Court as Brick Wall the Supreme Court


Tuesday round-up

Yesterday the court decided unanimously in Chiafalo v. Washington and Colorado Department of State v. Baca that state laws that penalize or remove presidential electors who do not vote for candidate they pledged to support do not violate the Constitution. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. Nina Totenberg reports at NPR that the decision “is so strong that it would seem to allow states to remove faithless electors even without a state law.” At Fo...
Tags: Supreme Court, Law, Congress, Washington, Court, Bloomberg, Npr, Round-up, Roberts, Howe, Jess Bravin, Greg Stohr, Nina Totenberg, Adam Feldman, CFPB, Brent Kendall


Why we can’t tell if a witness is telling the truth

Imagine that you are a juror in a trial in which the chief witness for the prosecution gives evidence about the alleged crime which is completely at odds with the evidence given by the accused. One of them is either very badly mistaken or lying. On what basis will you decide which one of them is telling the truth? And how sure can you be in your conclusion?Perhaps demeanour, way of speaking and body language are high on your list of relevant factors to look at to decide if someone is being hones...
Tags: Books, Featured, Law, Court, Evidence, Arts & Humanities, Reasonable Doubt, HE law, Remote Hearings


India: Delhi High Court Introduces "Public Viewing" Of Court Proceedings - S.S. Rana & Co. Advocates

The Hon'ble Delhi High Court (hereinafter as 'the Court') in order to bring back the practice of public hearing, has introduced 'public viewing' of Court proceedings in lieu of the ongoing...
Tags: News, India, Court, Hon ble Delhi High Court


Bostock: Were the liberal justices namudnoed?

namudno (verb): to persuade one’s colleagues (esp. on a court) to sign onto an opinion with broader implications than they perceive and then accuse them of backtracking when they later resist said implications.Many commentators wonder whether the current Supreme Court will overrule Roe v. Wade (by which they really mean Planned Parenthood v. Casey). My own view is that the Court is far more likely to do away with affirmative action than with the right to obtain an abortion. This term supports th...
Tags: Supreme Court, Congress, Planned Parenthood, Court, Louisiana, Branding, Vra, Thomas, Webster, Roberts, Ginsburg, Shelby County, Holder, Bostick, Gorsuch, Grutter