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17 Sep 2010, 4:06 am
And it’s at least somewhat academic; the court overruling Foster on its own achieves the very same effect as if Ice had abrogated Foster. [read post]
16 Sep 2010, 9:05 am
The conclusion drawn is that international organizations should be subjected to radically improved regimes of international judicial oversight, or their immunities should be abrogated in certain areas so that they may be rendered subject to the jurisdiction of the domestic courts of the countries in which they operate, or both. [read post]
16 Sep 2010, 6:35 am
The conclusion drawn is that international organizations should be subjected to radically improved regimes of international judicial oversight, or their immunities should be abrogated in certain areas so that they may be rendered subject to the jurisdiction of the domestic courts of the countries in which they operate, or both. [read post]
13 Sep 2010, 5:11 am
Baltimore and Ohio Railroad Co.[11] upholding the abrogation of gold clauses in private contracts, was at least as important for the evolution of the New Deal as A.L.A. [read post]
11 Sep 2010, 1:50 pm
Please note that the following post is a bit off-topic for this blog and represents my own opinion only, not that of any of my co-bloggers. [read post]
10 Sep 2010, 3:53 pm
The dissent points that this is an abrogation of judicial responsibilities. [read post]
10 Sep 2010, 8:07 am
We're talking about the Restatement (Third) of Torts, Products Liability §2, to be precise. [read post]
10 Sep 2010, 3:42 am
Even though the US courts’ review of military regulations challenged on First Amendment grounds is far more deferential than constitutional review of similar laws designed for civilian society, this margin of appreciation does not entirely abrogate the guarantees of the First Amendment in the military context. [read post]
9 Sep 2010, 3:10 am
Accord Ex parte Mostafazadeh, 2009-004238, 2009 WL 5486107 (BPAI 2009) (non-precedential), at *4-7 (explaining underlying reasoning and policy considerations in abrogating Eggert). [read post]
3 Sep 2010, 3:00 am
“Although our adoption of comparative fault abrogated the use of the doctrine of joint and several liability in those cases where the defendants are charged with separate, independent acts of negligence, see McIntyre v. [read post]
29 Aug 2010, 7:02 am
. ___, 129 S Ct 1710, 173 L Ed 2d 485 (2009), which abrogated the well-established rule in New York v Belton, 453 U.S. 454; 101 S Ct 2860; 69 L Ed 2d 768 (1981) and its progeny, we must consider whether an officer's good faith reliance on case law that is later overturned may form a proper basis to avoid the operation of the exclusionary rule. [read post]
27 Aug 2010, 5:57 am
For that to happen, the legislative intent to abrogate the common law must be clearly and plainly expressed, and such intent will not be presumed from ambiguous or doubtful language. [read post]
25 Aug 2010, 6:02 pm
On remand, the Second Circuit agreed that Shady Grove abrogated its first ground for not allowing a class action. [read post]
24 Aug 2010, 10:41 pm
The Act must be abrogated and replaced by a new transparent legislation which sympathetic towards the land owners. [read post]
18 Aug 2010, 5:05 am
” Unless the Legislature affirmatively abrogated the defense for a felon-in-possession charge, the Court concluded the defense is available. [read post]
16 Aug 2010, 1:44 am
Via Chamblee Burch and Solum, David Rosenberg and Luke McCloud have written a paper proposing that the "problem" of nationwide federal diversity class actions where there are differences in state law that would normally preclude class certification be resolved by a judicially-created "average law," whereby the rights of class members subject to plaintiff-friendly state laws be abrogated to benefit class members who are subject to state laws that are not as… [read post]
15 Aug 2010, 9:32 pm
The 1980 law empowers the federal agency funding the research, here the HHS, to abrogate Genzyme's U.S. [read post]
12 Aug 2010, 8:30 pm
The idea that the duty of care should be abrogated and replaced by an ethic of self reliance and duty to diversify reverberates through other contract and corporate doctrines as well. [read post]
12 Aug 2010, 12:02 pm
Unlike the NLRA, the LHWCA is a substitute for tort law, abrogating fault of either the employer or the employee. [read post]
8 Aug 2010, 9:42 am
The key challenge of this law will be to determine the extent of "privacy" accorded to citizen's data and the circumstances in which such privacy can be abrogated in the larger interests of the State and the public.Nithyananda Swami and his esoteric video are not the trigger for this wonderful legal initiative by the government. [read post]
