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11 Oct 2015, 6:41 pm
A New York Probate Lawyer said that, the proceeding before the court is one for construction of paragraph "THIRD" of the will of the decedent. [read post]
12 Dec 2016, 1:28 pm
In Brown for instance, the court determined that the passage of section 570.020, which went into effect in 1979, was meant to abrogate the purchase-price-plus-age test. [read post]
1 May 2018, 8:46 am by J. Dana Stuster
” A functioning arms control agreement is now set to be abrogated by an administration that cannot accurately describe its terms or what it was supposed to address—even when the intelligence that demonstrates why it was necessary is presented slide by slide. [read post]
8 Oct 2022, 8:15 am
One of the more spectacular symbols of this collapse--with the potential to roll time back to 2013, was the successful crippling of a key bridge that linked territories generally recognized as Russian, to the Crimean territories that Russia and the rest of the world recognized as Ukrainian as memorialized in that brief period of Russian embrace of global legality in the  Treaty on Friendship, Cooperation, and Partnership between Ukraine and the Russian Federation signed in 1997 (superseding the… [read post]
28 Aug 2015, 9:35 am
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
29 Jan 2022, 4:04 am by Russell Knight
A divorce case is not the legal resolution of a moment in time like an accident tort or an instance of criminal activities. [read post]
13 Jun 2011, 8:58 pm
Spectralytics sued Cordis and Norman Noble for infringing 5,852,277, claiming a manufacturing technique for a coronary stent. [read post]
30 Mar 2015, 6:52 am by MBettman
The purpose of governmental immunity is to ensure the fiscal integrity of political subdivisions, like school boards, and only in very limited situations should that immunity be abrogated. [read post]
21 Dec 2008, 9:40 pm
December 19 was the due date for briefs in opposition to the petitions that had been filed last month with the California Supreme Court seeking the invalidation of Proposition 8, the ballot initiative measure that has added a different-sex definition of marriage to the California Constitution. [read post]
16 Oct 2023, 3:23 pm by Guest Author
Nonetheless, it seems highly unlikely that the Supreme Court would abrogate Chevron only for future statutes. [read post]
2 Jan 2015, 12:22 pm
And the D.C. court (in Jackson) expressly held (based on the Ex Post Facto Clause) that its abrogation of the rule would thus apply only prospectively, to prosecutions after that decision. [read post]
31 Dec 2012, 7:47 pm by Ben Cheng
At its January 4, 2013 Conference, the Court will consider petitions seeking review of issues such as the authority of the U.S. [read post]
5 Feb 2020, 4:55 am by MBettman
Proposition of Law 2 A party’s request for spousal support does not constitute a complete abrogation of the physician-patient privilege under R.C. 3217.02(B) [sic.] where the mental and physical health records do not relate to the party’s financial earning ability (Belinda appears to be referring to R.C. 2317.02(B)). [read post]
6 Dec 2010, 6:32 am by Beth Graham
Section 2 abrogated the “ouster” doctrine, whether its source was federal common law or state common or statutory law. [read post]
20 Jun 2024, 1:29 pm by John Elwood
Another provision of the code abrogates the sovereign immunity of all governmental units “to the extent set forth in this section with respect to” various sections of the Bankruptcy Code, including Section 544. [read post]
24 Jul 2024, 4:00 am by Catherine Morris
The participation rights of one sector of society cannot be abrogated for the sake of ensuring the rights of another sector. [read post]
2 May 2007, 2:06 am
Source: New York Legislative Retrieval System (LRS), May 1, 2007: TEXT: 5313                                                          … [read post]
29 Jun 2014, 9:01 pm by Vikram David Amar
While it may be argued that this bill proposes an improper ‘repeal,’ the better view would appear to be reflected in an opinion by Legislative Counsel concluding that the Legislature is within its powers to delete statutes that have been abrogated by the courts. [read post]
24 Jul 2023, 5:27 am by Will Baude
The history behind the clause's omission shows the 1874 Congress did not intend to reintroduce the common-law immunities it had abrogated in 1871. [read post]