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24 Nov 2011, 11:25 pm by Tessa Shepperson
The freedom given by Localism isn’t a master plan but an abrogation of responsibility. [read post]
24 Sep 2010, 4:04 pm
., 903 F.2d 1486, 1489 (11th Cir. 1990), abrogated in part by Reed Elsevier Inc. v. [read post]
26 Sep 2014, 5:19 am by SHG
Does this mean the rule, that a cop doesn’t have to wait for the muzzle flash to defend himself, is now abrogated? [read post]
13 Mar 2019, 4:27 pm by Arthur F. Coon
The Supreme Court granted review in this CEQA-related regulatory taking case was granted on December 19, 2018, and will essentially address whether the Landgate “substantially advances” test was abrogated and supplanted by the Penn Central test in California after the U.S. [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]
29 Dec 2016, 5:27 am by Joy Waltemath
Left unanswered: whether Congress has abrogated Eleventh Amendment immunity for FMLA claims, or whether New Jersey has waived its Eleventh Amendment immunity from suit in federal court with regard to the employee’s state-law claim under the New Jersey Law Against Discrimination (NJLAD) (Maliandi v. [read post]
3 Jul 2020, 2:00 pm by Eugene Volokh
" In other words, "[t]he police power of a state … cannot be exercised in such manner as to work a practical abrogation of its provisions. [read post]
15 Aug 2016, 6:36 am by Joy Waltemath
Doscher argued that FINRA’s internal rules are federal law because the Exchange Act requires FINRA to subject its rules to SEC approval, abrogation, or modification, and because SROs are obligated to comply with their own rules. [read post]
14 Nov 2007, 9:59 pm
(declining to grant a stay pending the Supreme Court's decision in another case because "the grant of certiorari alone is not enough to change the law of this circuit or to justify this Court in granting a stay of execution on the possibility that the Supreme Court may overturn circuit law"), abrogated on other grounds by Hill v. [read post]
3 Jan 2022, 11:13 am by Jonathan Bailey
Allen lost that lawsuit last year when the Supreme Court ruled against him, saying that Congress had overstepped its bounds when trying to abrogate state sovereign immunity. [read post]
12 Dec 2010, 12:10 pm by Kevin Smith
  Academic libraries should watch this issue closely, since it seems likely that similar attempts to use purchase order terms of use to abrogate the right of first sale, upon which libraries depend so heavily, will grow. [read post]
19 Mar 2012, 8:55 am by Rebecca Tushnet
  “If Mazza was intending to abrogate these holdings, one would expect the Ninth Circuit to have distinguished—or at least mentioned—these cases, which contain excellent reasoning in their choice-of-law analysis and have been cited approvingly several times. [read post]
22 Jun 2010, 2:21 pm by Russell Jackson
  He began by noting that the Florida Supreme Court previously had abrogated the traditional tort requirement that a plaintiff suffer a personal injury or property damage. [read post]
29 May 2018, 9:01 pm by Michael C. Dorf
There the Court held that a state’s sovereign immunity shields it against lawsuits by private parties for violations of their patent rights and that Congress lacked the power to abrogate such immunity. [read post]
15 Dec 2016, 2:30 pm by Podhurst Orseck
“CSX decided the jurisdictional issue presented by this case, and it is controlling as to that issue unless it has been ‘undermined to the point of abrogation’ by an intervening change in Florida sovereign immunity law,” the appeals court said. [read post]
4 May 2022, 8:20 am by Josh Blackman
" So if we are going to recognize any immunities—notwithstanding the complete absence of any statutory text to support such immunities—at the very most we should recognize only those immunities that are "so well established in the common law . . . that the members of the 42nd Congress must have been aware of them and could not have meant to abrogate them by implication. [read post]
23 Jul 2022, 7:35 am by Ilya Somin
Given the enormous potential costs of losing, gun owners and dealers might well be deterred from trying their luck, just as most abortion providers in Texas were deterred from testing SB 8, even before the Supreme Court abrogated nearly all judicial protection for abortion rights in the Dobbs decision. [read post]
21 Mar 2018, 1:39 pm by Mark Walsh
Lundgren, which presents the somewhat daunting question of whether a court’s exercise of “in rem” jurisdiction overcomes the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it. [read post]