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Administrative Law Keyed to Lawson
Pauley v. BethEnergy Mines, Inc
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Black Lung Benefits Reform Act (BLBRA) expanded methods by which miners could establish eligibility for benefits for disabilities resulting from pneumoconiosis (black lung disease). The BLBRA authorized DOL to promulgate regulations for processing claims, but they could not be more restrictive than those of the prior agency, HEW. The Secretary of Labor for the DOL established regulations which made it easier for miners to invoke a presumption of the disease, but it also established two rebuttable presumptions for the SSA which arguably made it easier to challenge the claims. The challenged rebuttable presumptions were if the “evidence established that total disability or death of the miner did not arise in whole or in part out of coal mine employment,” or if “the evidence established that the miner does not, or did not, have pneumoconiosis.”
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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