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6 Jun 2024, 1:48 pm
Whether the requirement of a clear statement for the abrogation of state sovereign immunity is a type of federalism canon (a sub-sub-canon, if you will) or an element of the rule against implied repeals of the common law is perhaps an open question. [read post]
30 May 2024, 7:34 pm
The Court reasoned that this silence allows sellers to enforce certain delivery conditions, stating that “this silence preserves—rather than abrogates—the ability of sellers to impose at least some delivery conditions. [read post]
30 May 2024, 7:11 pm
Was the ODP doctrine, established when patent terms were measured from issuance, abrogated when Congress changed how terms are measured such that all patents sharing a priority application expire on the same day unless a Congressionally mandated extension applies? [read post]
29 May 2024, 11:13 am
As the court explained, “this silence preserves—rather than abrogates—the ability of sellers to impose at least some … conditions. [read post]
27 May 2024, 4:00 am
Alternatively, Congress has plan-of-the-Convention abrogation authority because the Constitution gives Congress power over immigration. [read post]
26 May 2024, 10:17 am
Castro-Huerta, saying that “those cases really for no reason abrogated the sovereignty of tribal nations with very feeble justification. [read post]
21 May 2024, 9:45 am
LKQ appealed to the Federal Circuit, arguing that KSR overruled or abrogated the Rosen-Durling test. [read post]
20 May 2024, 5:25 am
Every person is concerned since Article 370 was abrogated. [read post]
19 May 2024, 4:01 am
Tied to ancient practices of government that connect leadership of the VGFN community to the settlement land, the residency requirement protects Indigenous difference and, pursuant to s. 25, cannot be abrogated or derogated from by Ms. [read post]
Tick, Tick, Tick: One Month Before the Release of “The Indispensable Right” and Early Reviews are In
18 May 2024, 3:00 am
Whittington, William Nelson Cromwell professor of politics at Princeton University A vigorous defense of free speech, a right enshrined but often hobbled or outright abrogated. [read post]
13 May 2024, 1:59 pm
“The word ‘security’ is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment,” wrote Justice Hugo Black in his concurrence. [read post]
10 May 2024, 8:53 am
” Para addressed issues such as drug addiction, jailing, and a general overarching apprehension about the safety of people’s land and identity, specifically apprehensions following the abrogation of Article 370 from the Constitution of India, which took away the special status and protection afforded to Kashmir. [read post]
9 May 2024, 9:14 am
Smith was abrogated by Trentadue v. [read post]
9 May 2024, 7:00 am
Appeal of MOMS FOR LIBERTY OF WAYNE COUNTY and REV. [read post]
9 May 2024, 7:00 am
Appeal of MOMS FOR LIBERTY OF WAYNE COUNTY and REV. [read post]
2 May 2024, 9:01 pm
” And because the court had earlier failed to take that action, it exercised its inherent authority to abrogate the settlement agreements and ordered plaintiffs’ counsel to return the mootness fees. [read post]
30 Apr 2024, 8:37 am
Presidents may exercise this common-law power, unless Congress validly abrogates it. [read post]
29 Apr 2024, 12:25 pm
In contrast, where Articles IV speaks to rules designed to ensure states treat each other respectfully (i.e. requests for extradition, claims under the Equal Footing Doctrine, or any attempt to enforce the Guarantee Clause) then Article IV’s rules do not permit states to abridge, abrogate, modify, or erode the inherent rights of tribal nations. [read post]
28 Apr 2024, 3:08 pm
There must also be an exception to or abrogation of jurisdictional immunity in order to maintain this collection action, which John Does failed to establish. [read post]
24 Apr 2024, 11:44 am
The district court abrogated the settlement and ordered the plaintiffs’ attorneys to return their fees. [read post]
