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Seven County Infrastructure Coalition: The Supreme Court’s “Substantial Deference” Standard and Implications for Judicial Review under NEPA

ClimateChange-ClimateLaw

The majority opinion emphasizes the central role of deference in NEPA litigation, and undoubtedly seeks to change the mood of adjudication of NEPA claims. Now, the Seven County majority opinion is laden with sweeping generalizations and unsupported assertions about the negative effects of NEPA litigation. [2]

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S. Ct. Unanimously Rejects Mexico's Lawsuit Against Smith & Wesson

The Volokh Conspiracy

As required by a federal statute, Mexico seeks to show (among other things) that the defendant companies participated in the unlawful sale or marketing of firearms. Taamneh (2023). From Justice Kagan's unanimous (and, I think, correct) opinion today in Smith & Wesson Brands, Inc. 7903(5)(A)(iii). See Twitter v.

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New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism.

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Justices take up Native health care funding cases and a dispute over sentencing guide

SCOTUSBlog

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The justices granted review in two cases, Becerra v. And in Erlinger v. du Pont de Nemours v.

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Second Amendment Roundup: S&W Sí, Mexico No

The Volokh Conspiracy

The Court then explained how the law protects the firearm industry from civil lawsuits blaming the industry for crimes and torts committed by third parties. But "PLCAA reflects Congress's view that the democratic process, not litigation, should set the terms of gun control."

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Federal jurisdiction and the constitutionality of eviction moratoriums

SCOTUSBlog

Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. The moratorium remained in effect until early 2023, with some protections continuing into 2024.

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The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. In late 2023, LSEW committed “to being net zero by 2030” in its operations.

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