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30 May 2019, 8:11 am
Cooper, 18-877, involves whether Congress has the constitutional authority to abrogate state sovereign immunity for copyright infringement. [read post]
4 Dec 2018, 1:28 pm
If Congress sought to modify the meaning of “on sale,” then weren’t there clearer ways to do this, and didn’t early drafts of the AIA actually have some direct language abrogating the “secret prior art” case law? [read post]
28 Feb 2023, 3:31 pm
Transparency is the general rule: the public's right of access "may be abrogated only in unusual circumstances. [read post]
17 Nov 2014, 5:39 am
It is a sobering read that puts a human face on the deterioration of the judicial confirmation process, beginning with the “Borking” of Robert Bork, then spiraling downward to the eventual decision by the Democrats to begin the practice of filibustering circuit nominees, and finally the decision to abrogate the “filibuster deal” and invoke the nuclear option to ram through President Obama’s nominees.* Judge Southwick’s confirmation carnival may have been… [read post]
31 Mar 2017, 4:17 pm
A practical illustration of the way the Reynolds defence abrogated human rights law It is difficult to comprehend the full impact of this extraordinary change in the law without a practical example. [read post]
5 Feb 2013, 3:44 pm
There’s certainly a lot to say about the DOJ white paper on targeted killings, much of which has been said already (and well) by others (see Raff’s “Headlines and Commentary” post for links). [read post]
3 May 2011, 10:30 pm
Outright abrogation of the law of privacy is not practical. [read post]
16 Feb 2023, 5:55 am
The plight of women and children detained in camps in northeast Syria since the collapse of the self-styled Islamic State’s “caliphate” has received significant attention, and some are finally being brought back to their home countries after unconscionable years-long delays by multiple countries, including Western States. [read post]
15 Mar 2015, 11:00 am
The first was the North Korean decision to abrogate it by developing a HEU capacity. [read post]
1 May 2011, 12:00 am
Outright abrogation of the law of privacy is not practical. [read post]
12 Dec 2018, 11:03 am
— [1] INTERPOL’s Rules on the Processing of Data art. 18(1), (2), 2016, https://www.interpol.int/About-INTERPOL/Legal-materials [hereinafter RPD]. [2] See also Rules on the Control of Information and Access to INTERPOL’s Files art. 9(a), 11(a) II.E/RCIA/GA/2004(2009) (abrogated 2016). [3] Operating Rules of the Commission for the Control of INTERPOL’s Files art. 14(1), II.E/RCCF/CCF/2008 (abrogated 2017). [4] Id. art. 14(5). [5] See Fair Trials, Dismantling… [read post]
10 Apr 2007, 5:57 am
This presumption was abrogated by the Georgia Supreme Court in Bodne v. [read post]
13 Jul 2020, 2:55 pm
As I noted at the time (here), in June 2019, Northern District of Illinois Judge Thomas Durkin abrogated the settlement of a merger objection lawsuit and ordered the plaintiffs’ counsel to disgorge the $322,000 mootness fee that the defendants had agreed to pay. [read post]
26 Nov 2021, 1:41 pm
Réinstauration prochaine du congé lié à la COVID-19, après son abrogation Le 20 novembre 2021, le congé lié à la COVID-19 a été abrogé. [read post]
13 Jun 2011, 6:58 pm
The conclusion of the case:The judgment of validity, infringement, and the royalty rate for measurement of damages is affirmed. [read post]
23 Sep 2011, 6:35 pm
In abrogating standards for expert witness opinion testimony, the Washington Supreme Court manages to commit several important errors about the nature of scientific and medical testimony. [read post]
12 Dec 2018, 11:03 am
— [1] INTERPOL’s Rules on the Processing of Data art. 18(1), (2), 2016, https://www.interpol.int/About-INTERPOL/Legal-materials [hereinafter RPD]. [2] See also Rules on the Control of Information and Access to INTERPOL’s Files art. 9(a), 11(a) II.E/RCIA/GA/2004(2009) (abrogated 2016). [3] Operating Rules of the Commission for the Control of INTERPOL’s Files art. 14(1), II.E/RCCF/CCF/2008 (abrogated 2017). [4] Id. art. 14(5). [5] See Fair Trials, Dismantling… [read post]
11 Jan 2012, 3:02 am
Likewise, if the Scottish Parliament were to take an exceptional measure of the kind contemplated by Lord Steyn in R (on the application of Jackson) such as a purported abrogation of the citizen’s right to challenge unlawful executive action by judicial review we do not exclude the possibility that any such enactment would be challengeable at common law. [read post]
13 Apr 2020, 9:47 am
The Court concluded its opinion by suggesting that Congress could “pass[] a valid copyright abrogation law in the future,” by “linking the scope of its abrogation to the redress or prevention of unconstitutional injuries. [read post]
27 May 2014, 6:00 pm
The Sixth Circuit found that IGRA did not provide a waiver of tribal immunity because Michigan could not show that the Vanderbilt casino was on Indian lands.[10] The Sixth Circuit also found that the criminal statute did not expressly and unequivocally abrogate tribal immunity and did not authorize Michigan to sue a tribe. [read post]
