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11 Oct 2022, 12:10 pm by Lawrence Solum
We cannot presume the abrogation of such a significant case based on veiled rhetoric that stitches together dicta built upon dicta. [read post]
11 Oct 2022, 5:00 am by Matthew L.M. Fletcher
We cannot presume the abrogation of such a significant case based on veiled rhetoric that stitches together dicta built upon dicta. [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]
6 Oct 2022, 8:47 am by INFORRM
Importantly, the 2009 rule change which permitted accredited journalists to attend family cases heard in private “was not intended to abrogate” the “core privacy provided by the implied undertaking and the hearing of the proceedings in chambers…The press [before being allowed to report] have to justify why the core privacy maintained and endorsed by Parliament should be breached…the privacy side of the scales starts with heavy weights on it”: see… [read post]
4 Oct 2022, 6:20 pm
 Pix Credit here The jurisprudence of the Religion Clauses in the United States has long been plagued by the doctrine that distinguishes between governmental speech and private speech. [read post]
Seyfarth Synopsis: Taking it down to the wire, Governor Newsom approved the vast majority of labor and employment bills that ran the legislative gauntlet, including bills that will expand pay data reporting and pay scale disclosure requirements, extend COVID-19 Supplemental Paid Sick Leave, create mandatory wages and working conditions for fast food workers, and more. [read post]
28 Sep 2022, 5:00 am by JURIST Staff
This development is even more consequential in light of the upcoming and ongoing Constitutional bench cases like the challenges to the Sabrimala verdict, Citizenship (Amendment) Act of 2019, and the abrogation of Article 370, as well as ascertaining Reservation for the Economically Weaker Section (EWS). [read post]
25 Sep 2022, 12:37 pm by Stuart Kaplow
Padilla case No. 19STTCV27561, abrogated Section 301.3, which mandated the appointment of a minimum number of females to boards, concluding that the statute violated the Equal Protection Clause of the California Constitution. [read post]
20 Sep 2022, 10:48 am by Dennis Crouch
But, the Caltech judges found that the Supreme Court’s intervening decision in SAS so abrogated the reasoning of Shaw as to open the door for panel action. [read post]
15 Sep 2022, 5:04 am by Matthew L.M. Fletcher
Coughlin: ldf-cert-petitionDownload Question presented: Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes. [read post]
12 Sep 2022, 1:12 pm
” (…) Section 230 of the CDA abrogates the common law of defamation as applied to individual users. [read post]
6 Sep 2022, 3:34 am by Peter Mahler
According to Epstein’s argument, Lanier‘s broad pronouncement endorsing partners’ freedom of contract to allocate losses as they wish, cited with approval almost 80 years later in Congel, effectively abrogates Steinbeck‘s interim observation treating loss sharing as an “indispensable essential” of a partnership, thereby justifying the court’s reconsideration of Epstein’s partnership claims. [read post]
6 Sep 2022, 3:01 am by Matthew L.M. Fletcher
-Dakota War, an explosive conflict that resulted in the forced removal of the Dakota people from their reservation and aboriginal homelands in Minnesota and the abrogation of all U.S. [read post]
4 Sep 2022, 6:30 am by Guest Blogger
This Court has proven either unlikely to weigh in or, more increasingly, prone to intervene in ways that exacerbate the political process problems, namely by establishing anti-democratic doctrines,[2] abrogating precedent and limiting long standing legal principles,[3]and calling for complete judicial abstention to bind lower courts.[4] One might argue that the Court’s decision whether to intervene and the substance and scope of its invention can seem haphazard or unprincipled. [read post]
Abrogating the Court of Appeal’s decision, this bill would require publicly accessible electronic indexes of defendants in criminal cases to permit searches and filtering of results based on a defendant’s driver’s license number or date of birth. [read post]
1 Sep 2022, 3:42 pm by Rick Hasen
Here is the abstract: In its ruling abrogating a federal constitutional right to abortion services, the U.S. [read post]
31 Aug 2022, 2:15 pm by Gene Quinn
In early August, he released the first draft of the Patent Eligibility Restoration Act of 2022, which if enacted would abrogate the Supreme Court’s decisions in Ass’n for Molecular Pathology v. [read post]
31 Aug 2022, 2:15 pm by Gene Quinn
In early August, he released the first draft of the Patent Eligibility Restoration Act of 2022, which if enacted would abrogate the Supreme Court’s decisions in Ass’n for Molecular Pathology v. [read post]