Search for: "ABROGATE"
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5 Jul 2023, 11:45 am
By Sam Friedman Amid an emergent international consensus that the COVID pandemic is “over,” writings about the pandemic and its meanings have burst forth like the flowers of June. [read post]
1 May 2021, 5:16 pm
[A book that may may help decide the Supreme Court's upcoming right to carry case.] [read post]
17 May 2023, 9:01 pm
In Percoco, the Court held that a private citizen does not owe the public a duty to provide honest services simply because he has strong influence over government decisions, again abrogating contrary Second Circuit precedent. [read post]
20 Jul 2020, 1:42 am
As a rare exception, Lord Mance named the decision in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, in which the UKSC defended the British constitutional instruments from being abrogated by European law. [read post]
19 Sep 2016, 9:41 pm
And if it did, was the state’s title to the debt later abrogated by the Treaty of Paris, which provided that “creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted. [read post]
14 Oct 2013, 9:01 pm
California Governor Jerry Brown recently signed into law a measure that allows a child, in an appropriate case, to have more than two legal parents. [read post]
11 Nov 2013, 1:10 pm
Ct. 1955, 1974 (2007) (abrogating “no set of facts” language found in Conley v. [read post]
5 Oct 2011, 10:44 am
Henifin, “Causation in Occupational Disease: Balancing Epidemiology, Law and Manufacturer Conduct,” 9 Risk: Health, Safety & Environment 259, 269 (1998) (conflating distinct causal and liability concepts, and arguing that legal and scientific causal criteria should be abrogated when manufacturing defendant has breached a duty of care). [read post]
26 Feb 2020, 4:00 am
Child protection legislation is typically clear that it does not abrogate solicitor-client privilege. [read post]
1 Sep 2022, 3:54 pm
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]
17 Jul 2014, 3:00 pm
The government’s next argument—that congressional oversight supplanted judicial oversight of CFIUS reviews—is also unconvincing to the court: “[w]e hardly think that, by reserving to itself such limited review of presidential actions and critical technology assessments, the Congress intended to abrogate the courts’ traditional role of policing government procedure for constitutional infirmity and perform that function itself. [read post]
17 Jan 2018, 8:51 am
Court of Appeals for the 6th Circuit, that court effectively revived a circuit-precedent presumption that benefits have vested that the Supreme Court abrogated in M & G Polymers USA, LLC v. [read post]
16 Sep 2008, 8:04 pm
Thus, according to the State, because the Act simultaneously abrogated the Tribe's aboriginal title everywhere in the United States and extinguished claims by the Tribe (as well as any of its successors) "in any interest in or right involving" land in Rhode Island, the plain language of the Settlement Act expressly prohibits the Secretary's actions in this case. [read post]
27 Nov 2011, 9:54 am
This is the second in a series, discussing the two new Bills proposed in Congress to deal with online pirates and counterfeiters. [read post]
6 Jun 2007, 6:20 pm
Broudo, 544 U.S. 336, 347 (2005).These discovery cost concerns no doubt contributed to the majority's abrogation of the Conley "no set of facts" motion to dismiss standard, a literal reading of which the Court concluded would allow "a wholly conclusory statement of claim [that] would survive a motion to dismiss whenever the pleadings left open the possibility that a plaintiff might later establish some set of undisclosed facts to support recovery. [read post]
17 Jan 2018, 10:04 am
– The report says: The Committee notes that this Act would not abrogate section 230(c)(2)(A). [read post]
10 Feb 2022, 10:01 am
Steadfast fidelity to, and vigilance in protecting First Amendment freedoms cannot be permitted to abrogate the fundamental protections of attorney client privilege or the basic right of privacy…. [read post]
30 Jun 2014, 7:31 am
The Fyfee line of cases–which have been abrogated by the General Assembly–don’t apply at all to an employee-to-employee intentional tort situation. [read post]
31 Dec 2013, 7:44 pm
At its Conference on January 10, 2014, the Court will consider petitions seeking review of issues such as whether streaming live television is a “public performance,” class certification for a products liability class, a state law prohibiting abortions after twenty weeks, and Lanham Act claims arising from juice labels. [read post]
24 Jan 2022, 10:41 am
" Mansky is best read to refine—rather than abrogate—Lehman. [read post]
