Search for: "ABROGATE"
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14 Dec 2022, 1:19 pm
Challenges to the existing constitutional order in Canada are not new. [read post]
2 Dec 2022, 6:00 am
Cooper, which found that the Copyright Remedy Clarification Act was an unconstitutional abrogation of state sovereignty for the purposes of holding state entities liable for copyright infringement…” [read post]
30 Nov 2022, 1:30 pm
The question here is whether Proposition 36, the Three Strikes Reform Act of 2012 (Proposition 36, the Reform Act, or the Act), changed the law so that sentencing courts no longer have that discretion, abrogating the Hendrix rule. [read post]
28 Nov 2022, 4:05 am
.-- Nothing in this Act, or any amendment made by this Act, shall be construed to diminish or abrogate a religious liberty or conscience protection otherwise available to an individual or organization under the Constitution of the United States or Federal law. [read post]
28 Nov 2022, 3:34 am
" The Board showed no sympathy for the applicant: "By making a deliberate decision to select IFG as the prominent portion of the varietal names of the identified goods, Applicant self-abrogated its own trademark rights, exposing its prior trademark registration to potential cancellation in an inter partes proceeding. [read post]
23 Nov 2022, 4:00 am
We say that the Privilege is sacrosanct; that it e privilege is inviolate and cannot be abrogated. [read post]
20 Nov 2022, 9:01 pm
” A related provision disclaims any diminution or abrogation of religious liberty, although that provision appears duplicative, given that the Religious Freedom Restoration Act provides such protection absent an express disclaimer in new legislation, and the RMA contains no such disclaimer.Readers might wonder why the RMA does not go further. [read post]
11 Nov 2022, 7:42 am
Cooper did not end with the Supreme Court decision in March 2020 holding that Congress did not validly abrogate state sovereign immunity for copyright infringement claims. [read post]
8 Nov 2022, 5:31 am
Second, Gonzalez contended that JASTA abrogated immunity from claims brought under the ATA. [read post]
4 Nov 2022, 6:00 am
” On July 1, 2021, the Commission withdrew the statement on a 3-2 vote, sternly rebuking its predecessors: “the 2015 Statement …abrogates the Commission’s congressionally mandated duty to use its expertise to identify and combat unfair methods of competition even if they do not violate a separate antitrust statute. [read post]
3 Nov 2022, 4:00 am
The judge stated that by asserting the “superordinate importance of human dignity” and by viewing dignity through the lens of control over how others perceive us and our ability to control disclosure of information which we, as individuals, believe is sensitive or personal, the Supreme Court of Canada has “dramatically expanded opportunities to seek abrogation of the open court principle”. [read post]
31 Oct 2022, 6:22 am
By contrast, our more aggressive competitors, such as South Dakota, allow for the complete abrogation of fiduciary duties for trust protectors/directors in certain limited circumstances. [read post]
25 Oct 2022, 5:06 pm
Under the Taliban, rights and freedoms were effectively abrogated, young girls were banned from going to school, various institutions were forced to shut down, and men and women were openly flogged. [read post]
25 Oct 2022, 10:46 am
This post assesses the Solicitor General’s argument, in New York v. [read post]
24 Oct 2022, 4:47 am
After announcing its abrogation of the Crossroads line of cases, the Court found that “the indemnification provision makes no explicit mention that partners may recoup attorneys’ fees in an action on the contract” and “nothing in the provision nor the agreement as a whole makes ‘unmistakably clear’ that the partners intended to permit recovery for attorneys’ fees in an action between them on the contract. [read post]
20 Oct 2022, 8:51 am
But as many people have pointed out, that same principle—the availability of a tort remedy against federal officers who violate constitutional rights—may be embedded in other parts of the Constitution, which would protect common law rights against abrogation by federal law. [read post]
19 Oct 2022, 5:06 pm
” In October 2019, before the abrogation of Article 370 of the Constitution of India, and the dismantling of Jammu and Kashmir into Union terrorizes, Mattoo and other activists, journalists and human rights lawyers were placed on a temporary “No Fly List” without any judicial order. [read post]
18 Oct 2022, 1:15 pm
Last week, the leadership of the Judiciary Committees and IP Subcommittees from both houses of Congress received letters seeking to address misinformation being presented by critics of the Patent Eligibility Restoration Act, a bill proposed by Senator Thom Tillis (R-NC) that would abrogate several U.S. [read post]
18 Oct 2022, 1:15 pm
Last week, the leadership of the Judiciary Committees and IP Subcommittees from both houses of Congress received letters seeking to address misinformation being presented by critics of the Patent Eligibility Restoration Act, a bill proposed by Senator Thom Tillis (R-NC) that would abrogate several U.S. [read post]
14 Oct 2022, 4:45 pm
Here is the abstract: When the Supreme Court abrogated abortion rights in Dobbs v. [read post]
