Blog Archives

Fed. Circuit: VA can’t use failure to report as evidence

If a veteran’s service record does not mention any reports that the veteran was sexually assaulted while in service, can the Department of Veterans Affairs (VA) use this absence of records as evidence that no sexual assault occurred? In AZ

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Posted in Federal Circuit, Veterans Appeals

DC Circuit: EPA must regulate biogenic carbon

In a divided opinion for the US Court of Appeals for the DC Circuit, Judge Tatel writes that the Environmental Protection Agency should be regulating carbon dioxide emissions from sources other than fossil fuels. The EPA had instead decided to study

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Posted in DC Circuit

DC Circuit: Tax consequences of gambling same for non-U.S. residents

In an opinion for the U.S. Court of Appeals for the D.C. Circuit, Judge Kavanaugh interprets section 871 of the tax code, which taxes non-U.S. residents’ earnings in this country. It applies to gambling winnings as well. In this case,

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Posted in DC Circuit

DC Circuit: FOIA request demands a real response

Note: This was posted to my old site earlier this year; I was able to recover a draft. I am posting it for posterity; the date stamp is an estimate only. The Freedom of Information Act (FOIA) is one of

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Posted in DC Circuit