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Legal news from Monday, May 20, 2013
by Jaclyn Belczyk

The US Supreme Court ruled Monday in Arlington v. FCC that courts must apply the Chevron framework to an agency's interpretation of a statutory ambiguity that concerns the scope of the agency's jurisdiction. The provision at issue, 47 USC § 332(c)(7) of the Federal Communications Act (FCA), states that "nothing in …

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by Jaclyn Belczyk

The US Supreme Court ruled Monday in PPL Corp. v. Commissioner that a UK "windfall tax" is creditable under US tax law. Internal Revenue Code §901(b)(1) states that any "income, war profits, and excess profits taxes" paid overseas are creditable against US income taxes. In 1997, the UK imposed a one-time "windfall …

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by Jaclyn Belczyk

The US Supreme Court ruled unanimously Monday in Metrish v. Lancaster that respondent Burt Lancaster is not entitled to federal habeas relief. Lancaster was convicted of murder in a Michigan state court. At the time the crime was committed, the Michigan appeals court recognized "diminished capacity" as a defense negating the mens rea …

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by Jaclyn Belczyk

The US Supreme Court ruled Monday in Sebelius v. Cloer that an untimely National Childhood Vaccine Injury Act of 1986 (NCVIA) [42 USC §§ 300aa-1 to 300aa-34, PDF] petition may qualify for an award of attorney's fees if it is filed in good faith and there is a reasonable basis for …

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by Elizabeth LaForgia

A UK immigration tribunal denied bail for radical cleric Abu Qatada Monday due to the high risk of escape. Qatada's lawyers insist that he should be able to spend time with his family before he leaves the UK for Jordan, where he will stand trial for terrorism. Qatada was convicted in absentia for organizing …

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by Lauren Laing

Former military ruler Pervez Musharraf was granted bail Monday by a Pakistani anti-terrorism court (ATC), but he remains on house arrest over the murder of former prime ministerBenazir Bhutto. Judge Habibur Rehman ordered Musharraf to pay two bonds each worth one million rupees (approximately USD $10,163). Musharraf has been …

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by Elizabeth LaForgia

The EU expressed concern with Russia's human rights record Sunday, focusing on the country's recent adoption of restrictive legislation, the prosecution of political activists and efforts towards establishing an independent judiciary. At the human rights consultation in Brussels the EU confirmed its intention to continue to monitor the implications of Russia's recent "Foreign Agents" law and …

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by Lauren Laing

Human Rights Watch (HRW) said Monday that no progress has been made in Sri Lanka regarding respect for basic rights and liberties in the four years since the end of the country's brutal 26-year civil war. According to HRW, the government of Sri Lankan President Mahinda Rajapaksa has failed to investigate …

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by Jaclyn Belczyk

The US Supreme Court on Monday granted certiorari in five cases. In Lawson v. FMR LLC [docket; cert. petition, PDF] the court will consider whether an employee of a privately-held contractor or subcontractor of a public company is protected from retaliation by Section 806 of the Sarbanes-Oxley Act [18 USC § 1514A]. Section 1514A …

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