Supreme | Jotup

NCLA Amicus Brief Asks Supreme Court to Apply Proper First Amendment Standard in NRA Case

Retrieved on:

Tuesday, January 16, 2024

Speech, NRA, Financial services, Social media, Fifth, Fabio Vullo, Supreme, Insurance, Freedom, Second, First, Pressure, Judge, Coercion, Supreme court, Constitutional right, NCLA, Constitution, The Administrative State

Vullo issued statements effectively threatening to punish banks and insurers via regulatory action if they kept doing business with NRA.

Key Points:

Vullo issued statements effectively threatening to punish banks and insurers via regulatory action if they kept doing business with NRA.
The U.S. Court of Appeals for the Second Circuit held that Vullo did not “coerce” the banks and insurance companies to end their relationships with NRA.
Even if the Supreme Court uses the “coercion” test rather than the constitutionally proper “abridgement” standard, NRA has effectively demonstrated that Vullo “coerced” third parties to cut ties with the organization based on its Second Amendment advocacy.
NCLA is a national leader in the ongoing battle against the First Amendment violations by the Administrative State.

Saskatchewan teacher strike: It's about bargaining for the common good

Retrieved on:

Wednesday, January 17, 2024

Both conservative commentators and the premier have argued the bargaining table is not the place for teachers to negotiate concerns about classroom issues.

Key Points:

Both conservative commentators and the premier have argued the bargaining table is not the place for teachers to negotiate concerns about classroom issues.
Although bargaining is sometimes interpreted narrowly as a discussion over wages and benefits it is not, by its nature, limited to that.
Bargaining can — and has — acted as a democratic tool to expand public resources to areas beyond workplace compensation.

Bargaining classroom size

In Ontario, the Elementary Teachers’ Federation of Ontario has negotiated that the boards and government provide ongoing classroom size data to the union in order to determine future classroom ratios.
The court ruled the government’s decision to unilaterally prevent teachers from bargaining classroom size and composition was a violation of their constitutional rights to bargaining collectively.

Cuts to education

The dispute in Saskatchewan did not come out of nowhere. There has been a 10 per cent drop in per-student funding since 2012-2013. In 2017, the Saskatchewan Party government cut funding to public education by $22 million from the previous fiscal year. In the same period, enrolments have risen to record numbers. These issues pushed teachers to a collective bargaining dispute in 2019, but it was interrupted by the COVID-19 pandemic.

Staffing crises

Becotte’s comments align with research showing attrition rates have hovered at close to 50 per cent over about the last decade.
Squeezed board budgets have meant an increase in fees to some Saskatoon and Regina parents for lunch-time supervision.
Numbers have dropped for many educational roles, including for educational assistants, English as an additional language teachers, counsellors, librarians, psychologists and other pathologists.

‘Parents rights’ issues

The government said this was an issue of parents’ rights.
Yet many others interpreted it as an attack on the ability of teachers to provide necessary support and guidance to kids in a safe and supportive environment.

Bargaining as important tool

Trying to prevent teachers from including issues surrounding unmet student needs in bargaining is to effectively leave the public in the dark on the conditions of our schools and render governments largely unaccountable.
The most important tool that all unionized workers have at their disposal is their ability to collectively bargain.
Many of these campaigns have been waged by teachers’ unions.

Unions driving change

CUPW’s success encouraged other unions to take a similar position and today public maternity/paternity leave is a universal public program.
Unions and their members have real power when they use the tools available to them to seek real workplace and community change.

Bargaining about trade-offs

Prioritizing issues related to what unions identify as key “common good” themes might mean that other issues cannot be highlighted.
While salaries and benefits will always be an issue, there is overwhelming teacher support for existing bargaining proposals.

Simon Enoch is a member of the Saskatchewan New Democratic Party Charles Smith does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

DeSantis-linked super PAC broke new ground in pushing campaign finance rules in Iowa in support of a 2nd-place finish

Retrieved on:

Wednesday, January 17, 2024

Back Down, The Washington Post, Super, Advertising, Method, GOP, Supreme, Federal Election Commission, PACS, Republican, Supreme court, DeSantis, Democrat, Campaign Legal Center, Citizens United v. FEC

Never Back Down, the Ron DeSantis super PAC, played an outsized role in the Iowa caucuses campaign of the Florida governor.

Key Points:

Never Back Down, the Ron DeSantis super PAC, played an outsized role in the Iowa caucuses campaign of the Florida governor.
The only limits currently imposed are that super PACs can’t contribute directly to federal candidates’ campaign funds, and they can’t coordinate with campaigns.
In the 2024 Iowa caucuses campaign, the DeSantis-backing super PAC staked out some new territory by largely funding the candidate’s ground game, recruiting and training organizers in Iowa and sending them out early to engage Iowa Republicans face-to-face.
And the super PAC touted that the candidate’s wife went door to door with Never Back Down canvassers.

Iran's increased belligerence and nuclear ambitions show why the west needs a more robust policy of deterrence

Retrieved on:

Tuesday, January 16, 2024

The intervention represents a significant level of escalation in the Middle East and is indicative of just how volatile the region has become.

Key Points:

The intervention represents a significant level of escalation in the Middle East and is indicative of just how volatile the region has become.
While the Houthis claim their attacks are in retaliation for Israel’s war against Hamas, it’s actually more complicated.
It has done this despite the best efforts of the west (and Israel) to deter its aggression and contain its influence.

Revisionist state

In short, Iran is a revisionist state – it wants to change the regional order – and its belligerent behaviour is likely to continue.
Now the larger (and recurring) problem the west must address is how to prevent Iran from developing a nuclear capability.
A nuclear-armed Iran would arguably represent the greatest threat to Israel’s national security and the international liberal order.

Empire, Islam and revolution

Much of Iran’s national identity constitutes a mixture of revolutionary fervour, Shia Islam and a form of nationalism focused around Iran’s pre-Islamic history, notably the Persian empire during the Achaemenid dynasty (550-330 BC).
Meanwhile, power resides with individuals – such as supreme leader Ali Khamenei – who were influential in Iran’s revolutionary period (1979).
As a former imperial power and a country that experienced revolution, Iran presumes that it has the natural right to intervene in other country’s affairs.
The coup is thought to have fostered the conditions for the 1979 revolution.

No nukes

It would fundamentally disrupt the balance of power in the region and could lead to a spiralling arms race with Saudi Arabia.
So the UK’s main foreign policy in the Middle East must be to prevent Iran from developing a nuclear arsenal.
The current UK government understandably does not want to escalate tensions and it may want to pursue a risk-free policy in the region.

Ben Soodavar does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

In NCLA Amicus Win, Supreme Court Will Hear Case Against NLRB’s Odd Prelim Injunction Standard

Retrieved on:

Friday, January 12, 2024

Starbucks, Sixth, Commerce, Fifth, Supreme, Government, Court, Water, Judge, NLRB, Supreme court, Bleeding, National Labor Relations Board, NCLA, McKinney, Texas

NLRB used a preliminary injunction it obtained in federal district court without ever establishing that Starbucks likely broke the law.

Key Points:

NLRB used a preliminary injunction it obtained in federal district court without ever establishing that Starbucks likely broke the law.
NCLA filed an amicus curiae brief in Starbucks Corp. v. McKinney, asking the Justices to grant cert, reverse the Sixth Circuit, and overturn NLRB’s special injunction standard.
The Supreme Court has clarified, in many different contexts, that federal courts may not issue preliminary injunctions unless the party seeking the P.I.
Now, the Supreme Court has an opportunity to end this abusive practice nationwide.”
“NLRB’s sui generis preliminary injunction standard is a judge-made departure from the norm.

Cerro de Pasco Resources receives Green Light on Land Easement Application Process for Quiulacocha Tailings

Retrieved on:

Thursday, January 11, 2024

Guy Goulet, CEO of Cerro De Pasco Resources, “Our perseverance and meticulous adherence to process has finally paid off.

Key Points:

Guy Goulet, CEO of Cerro De Pasco Resources, “Our perseverance and meticulous adherence to process has finally paid off.
The Easement will enable the Company to perform confirmatory exploration via a 40-hole sonic drilling program.
The Quiulacocha Tailings Storage Facility covers approximately 115 hectares and is estimated to hold approximately 75 million tonnes of tailings deposited from the 1920s to 1990s, with tailings deposited in the Quiulacocha Tailings Storage Facility from the early 1920´s to 1992.
The Quiulacocha Tailings Storage Facility is comprised of processing residues that came from the Cerro de Pasco open pit and underground mine.

U.S. Supreme Court Denies Venezuela Leave to Appeal Order of Delaware Court and Gold Reserve Designated as Additional Judgement Creditor in Delaware Sale Process

Retrieved on:

Tuesday, January 9, 2024

The Company currently has 99.5 million Class A Common Shares outstanding (107.3 million shares on a fully-diluted basis).

Key Points:

The Company currently has 99.5 million Class A Common Shares outstanding (107.3 million shares on a fully-diluted basis).
The Delaware Court previously held that the priority of judgments of Additional Judgment Creditors will be based on the date each such creditor filed a motion for a writ of attachment that was subsequently granted.
These judgments, according to the Special Master’s chart, represent an aggregate amount of U.S. $5.564 billion, inclusive of interest through August 2023.
This list is not exhaustive of the factors that may affect any of Gold Reserve’s forward-looking statements.

CGU to Host Webinar on Jan 22 Celebrating 50th Anniversary of U.S. Supreme Court Case Lau vs. Nichols

Retrieved on:

Tuesday, January 9, 2024

Research fellow, Associate, Federal, Policy, Claremont Graduate University, Student, School, Left–right political spectrum, Supreme court, Language, Legislation, Education, Supreme, Equity, Loyola Marymount University, PST, Civil Rights Act, Welfare, Management

Claremont, CA (Jan 8, 2024) – Claremont Graduate University’s School of Educational Studies will host a webinar on January 22 to celebrate the 50th anniversary of Lau vs. Nichols—the landmark U.S. Supreme Court case affirming bilingual education as a civil right in U.S. schools.

Key Points:

Claremont, CA (Jan 8, 2024) – Claremont Graduate University’s School of Educational Studies will host a webinar on January 22 to celebrate the 50th anniversary of Lau vs. Nichols—the landmark U.S. Supreme Court case affirming bilingual education as a civil right in U.S. schools.
50th Anniversary of U.S. Supreme Court Lau v. Nichols: “From Meaningful Instruction to Equitable Access to Multilingualism” will take place on January 22 from 4:00pm - 6:30pm (PST).
"The Lau decision is more relevant and important today than it was 50 years ago.
Lau vs. Nichols concerned the San Francisco Unified School District and its nearly 3,000 non-English speaking students of Chinese ancestry.

Canada's Impact Assessment Act must be both Constitutional and ensure a sustainable future

Retrieved on:

Monday, January 8, 2024

Policy, Airport, Natural Resources, Government, Supreme, Wind, Supreme court, Gold, Fishery, Constitution, Constitution of Canada, Climate, Federation, Knowledge, Impact assessment, Creativity, Biodiversity loss, Environment, Risk management

Behind closed doors in Ottawa, Canadian government officials are drafting amendments to their advanced but controversial 2019 Impact Assessment Act, the country’s main tool for assessing major projects that can include big dams, pipelines and mines.

Key Points:

Behind closed doors in Ottawa, Canadian government officials are drafting amendments to their advanced but controversial 2019 Impact Assessment Act, the country’s main tool for assessing major projects that can include big dams, pipelines and mines.
But they face a longstanding dilemma — how to respect Canada’s venerable Constitution while also applying new knowledge and acting on new imperatives.
Proposed projects being reviewed under the Impact Assessment Act — ranging from gold mines to airports and offshore wind projects — have often been lightning rods for controversy.

Big concerns overlooked

It divides powers and responsibilities, assigning some — like fisheries and navigation — to the federal government and others, including most natural resources, to the provinces.
Areas of concern that overlap or weren’t recognized in either 1867 or 1982 — like the environment and sustainability, respectively — are problematic.
The amendments now being drafted are aimed at pulling back the overreach for cases involving major matters of provincial jurisdiction.

Favouring the old way

First, narrow the agenda of impact assessment to focus on mitigating the adverse environmental effects of proposed projects.
Second, assign responsibility for addressing particular effects according to whether they are within established federal jurisdiction or provincial jurisdiction.
All are linked in complex social-ecological systems that influence each other continuously at multiple scales.

The strengths of the existing law

On the contrary, such an approach would return us to the pre-assessment world of piecemeal regulatory licensing.
In contrast to earlier federal assessment law, the Impact Assessment Act includes mitigation of adverse effects within a bigger, more demanding and realistic agenda.
It moves the core objective of assessment from merely reducing additional damage to seeking positive contributions to sustainability.

What the amendments must prioritize

For the drafters of amendments to the Impact Assessment Act, then, the challenge is not only to bring the law into constitutional compliance.
It is to craft a constitutionally compliant law that also meets 21st-century needs for assessments and decision-making in the lasting public interest.

Robert B. Gibson has funding from the Social Sciences and Humanities Research Council of Canada for work on next generation assessment. He is also a member of the Impact Assessment Agency of Canada's Technical Advisory Committee on Science and Knowledge.

Wilson Sonsini Adds Former FTC and DOJ Veterans to Antitrust Team as Partners

Retrieved on:

Monday, January 8, 2024

The addition of Ohlhausen and Owings—both of whom have held senior, high-level regulatory agency roles—represents a significant move by Wilson Sonsini to bolster its well-respected antitrust and competition practice.

Key Points:

The addition of Ohlhausen and Owings—both of whom have held senior, high-level regulatory agency roles—represents a significant move by Wilson Sonsini to bolster its well-respected antitrust and competition practice.
She would go on to hold various positions within the FTC over the next 12 years.
“Wilson Sonsini is renowned for its destination antitrust and competition practice, meeting the full spectrum of clients' needs,” Ohlhausen said.
Wilson Sonsini’s elite antitrust and competition practice group represents clients in high-stakes antitrust litigation, mergers, and criminal and civil investigations, in addition to providing valuable counseling on business strategy.