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5 Jul 2023, 11:45 am by The Petrie-Flom Center Staff
By Sam Friedman Amid an emergent international consensus that the COVID pandemic is “over,” writings about the pandemic and its meanings have burst forth like the flowers of June. [read post]
3 Jul 2023, 2:35 pm by Josh Blackman
  Here, Justice Gorsuch did not give Pennsylvania Fire the Lemon test treatment–no matter how many decisions abrogated that old precedent, it somehow survived. [read post]
3 Jul 2023, 4:42 am by Will Newman
I went to Catholic school, and so I have been long interested in the complex legal system that governs the Catholic Church. [read post]
1 Jul 2023, 7:01 am by Lawrence Solum
Some have criticized this approach and argued that the 1871 Congress intended to abrogate rules that prevent full redress for constitutional violations, such as official immunities. [read post]
30 Jun 2023, 7:30 am by Dennis Crouch
., 550 U.S. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d 388 (CCPA 1982), and Durling v. [read post]
These measures have abrogated the immunities to which Iran is entitled, both with respect to jurisdictional immunity and immunity from measures of constraint. [read post]
27 Jun 2023, 9:01 pm by renholding
Section 14(a) of the Exchange Act[42] should not be read in a manner that allows the Commission to abrogate the role of state corporate law regarding the conduct of shareholder meetings, including any requirements or conditions on a shareholder’s ability to add a proposal to the meeting agenda. [read post]
23 Jun 2023, 10:45 am
The revisions to Circuit Rule 4-1 (Counsel in Criminal Appeals) clarify the scope and application of the rule with respect to the responsibilities of counsel (both retained and appointed) in criminal and habeas corpus appeals, and abrogate subsection (f), payment of appointed counsel, which will be replaced by a separate CJA Plan for the Court of Appeals. [read post]
23 Jun 2023, 6:18 am by Joshua Lloyd
However, the court found that it was not so simple for the Supervision Departments and held that Luke's allegations satisfied step one of the abrogation test. [read post]
22 Jun 2023, 1:19 pm by Ilya Somin
In doing so, it abrogated the Eighth Circuit's contrary precedent, which the Western District of Missouri and the Eighth Circuit had applied in Jones' trial and direct appeal…. [read post]
22 Jun 2023, 10:04 am by Anupam Chander, Joe Jones
Mindful of the risk that those contractual commitments may not count for much if abrogated by overriding laws and practices in the country of the data importer, the European Data Protection Board—comprising each of the EU member state data privacy supervisory authorities—released guidance as to when EU data can be transferred internationally, under what conditions, and what “supplementary measures” could be utilized to legally effect the transfer. [read post]
19 Jun 2023, 10:36 am by Eugene Volokh
Law review editors, lawyers, and paralegals are trained to check whether cited legal authorities have been overruled or otherwise abrogated. [read post]
17 Jun 2023, 6:03 pm by Josh Blackman
The question presented concerned abrogation of tribal sovereign immunity. [read post]
17 Jun 2023, 7:57 am by Matt Tait
Although these are now codified through formal instruments such as the Geneva Conventions, they are much older, and, for the most part, codify emergent norms that, in some instances, existed for hundreds of years prior to World War II; which were abrogated during that war; and which the victorious powers sought to codify in its aftermath having experienced the horrors caused by their abrogation. [read post]
16 Jun 2023, 12:47 pm
But those elements are absent from the Hobbs Act’s unambiguous statutory definition of “robbery,” and the Court acknowledged today that Nedley has been abrogated by intervening Supreme Court precedent. [read post]
16 Jun 2023, 11:28 am by Christine Swanick
In an 8-1 decision, the Court found that when Congress abrogates tribal sovereign immunity, it must do so through a clear statement of congressional intent. [read post]