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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 by Dennis Crouch
LKQ appealed to the Federal Circuit, arguing that KSR overruled or abrogated the Rosen-Durling test. [read post]
19 May 2024, 4:01 am by Administrator
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]
18 May 2024, 3:00 am by jonathanturley
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 by Scott Bomboy
“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]
” 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]
2 May 2024, 9:01 pm by renholding
” 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 by Will Baude
  Presidents may exercise this common-law power, unless Congress validly abrogates it. [read post]
29 Apr 2024, 12:25 pm by Lawrence Solum
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 by Thomas B. Griffith
  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 by Kevin LaCroix
The district court abrogated the settlement and ordered the plaintiffs’ attorneys to return their fees. [read post]
23 Apr 2024, 4:30 am by Matthew L.M. Fletcher
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]
19 Apr 2024, 6:52 pm by Stephen Halbrook
ATF's commentary includes the following fundamental misunderstanding of Supreme Court precedent: "In response to commenters stating that the Department should not use the Heller two-step process, the Department acknowledges that Bruen abrogated the 'two-step' framework of Heller, as 'one step too many,' and rejected the application of means-end scrutiny at the second step. [read post]
16 Apr 2024, 12:47 am by Frank Cranmer
The Loi concernant la séparation of 1905 abrogated almost all of the previous Concordat except in Alsace and Lorraine, so it is difficult to see why the Codex Iuris Canonici 1983 could have any higher status in French law than the rules of any other private organisation. [read post]
10 Apr 2024, 7:37 pm by Ilya Somin
If the argument is that posting this speech on social media sites such as Twitter or Facebook would have enabled it to reach a bigger audience or a different group of people from that reachable through other sites, that argument can be used to justify abrogating the speech rights of a wide range of media outlets and other organizations. [read post]