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23 Sep 2011, 4:55 am by Lawrence Solum
Madison’s actions and writings regarding the Full Faith and Credit Clause strongly suggest that he would have considered congressional actions to weaken or abrogate existing deference obligations not just unwise and unjust, but unconstitutional. [read post]
20 Sep 2011, 1:07 pm
“[W]e conclude that the General Assembly intended preclusion of a per se negligence action based upon Code §46.2-1095 and 46.2-1098,” declared the Virginia Supreme Court, “but did not abrogate a common law action for negligence. [read post]
20 Sep 2011, 10:00 am by John Elwood
AnimalFeeds, Int’l that Hall Street did not “abrogate the ‘manifest disregard’ doctrine altogether”; rather, it survived through review under section 10(a)(4) for “when the arbitrators have exceeded their powers. [read post]
15 Sep 2011, 4:11 am
Federal and State Immunity The Act claims to abrogate state immunity, and allows recovery against states and the United States as though they were non-governmental entities. [read post]
13 Sep 2011, 7:23 am by Jonathan H. Adler
The circuit concluded Smith abrogated Remmer in United States v. [read post]
11 Sep 2011, 7:53 am by Steve Statsinger
” Proximate cause is a “deeply rooted principle in both tort and criminal law” that Congress did not intend to “abrogate when it drafted § 2259. [read post]
10 Sep 2011, 1:46 pm by Russell Cawyer
Maryland Court of Appeals (No.10-1016) To decide whether Congress constitutionally abrogated states’ Eleventh Amendment immunity when it passed the self-care leave provision of the Family and Medical Leave Act. [read post]
9 Sep 2011, 1:21 pm by Lovechilde
The attacks brought us together until we let them turn us against each other--and damn near everyone else. [read post]
9 Sep 2011, 8:43 am by Jonathan H. Adler
Circuit explained that:We will not . . . invoke this rule to ratify an interpretation that abrogates the enacted statutory text absent an extraordinarily convincing justification because . . . [read post]
6 Sep 2011, 11:30 am by John Dehn
Second, to the extent that any rules in the contemporary law of war might be properly categorized “voluntary” law, the Constitution expressly assigns Congress the power to derogate from or abrogate such law. [read post]
5 Sep 2011, 4:28 pm by Tom Heintzman
How can this contract be abrogated and another substituted in its place? [read post]
31 Aug 2011, 9:27 am by Eric E. Johnson
He asks this Court to abrogate that agreement, as a matter of public policy, to combat “the broad detrimental effect of setting an artificially low price” for online content, and to reallocate at least a third of The Huffington Post’s value to recognize “the collective efforts” of other bloggers who also agreed to post without receiving monetary compensation. [read post]
31 Aug 2011, 6:35 am
Remember, " 'comprising' is not a weasel word with which to abrogate claim limitations. [read post]
27 Aug 2011, 5:05 pm by INFORRM
And, in its aftermath, the PCC appears do have done absolutely nothing to analyse the reasons for this complete abrogation of journalistic standards nor to criticise those responsible for it, with the result that the whole grotesque pantomime was played out yet again, admittedly on a smaller scale, when sections of the press libelled Chris Jeffries in the Joanna Yates murder case, following this up with breaches of the law of contempt so basic that any first year student of media law would… [read post]
25 Aug 2011, 4:40 am by Dianne Saxe
Justice Sanderson of the Superior Court of Justice granted Grassy Narrows a declaration that the MNR had no authority to approve any forest licences, forest management plans, work schedules or make or give any other approvals or authorizations for forest operation, within the Keewatin Lands, so as to infringe, violate, impair, abrogate, or derogate from, the right to hunt and fish guaranteed to the band by Treaty 3. [read post]
 " Similar to § 1324(d), § 3144 contains no language abrogating the constitutional requirement of establishing unavailability prior to the admission of preserved testimony. [read post]