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20 Jul 2022, 5:57 am
International actors, the argument goes, can leverage different resources like sanctions, membership suspensions, and embargoes to push coup leaders to cede political power and reinstate civilian rule. [read post]
18 Jul 2022, 2:37 pm
Where the entire fairness standard is applicable to a corporate law dispute, there are two aspects to the inquiry: ... fair dealing and fair price. [read post]
18 Jul 2022, 6:45 am
Henry Kissinger famously showed his continued dedication to amoral realpolitik, suggesting Ukraine should simply be expected to cede territory. [read post]
13 Jul 2022, 4:09 pm
‘Rights’ In the case of Magna Carta, Raab argues that “the seeds of British liberty were sown” at Runnymede when “English nobles persuaded their monarch to cede rights and freedoms that charted a course towards liberal democracy”. [read post]
12 Jul 2022, 4:55 pm
This was the view of David Cameron, who, in 2006, referred to the ECHR as a “foreign convention of rights”, and also of Attorney General Suella Braverman, who, as part of her bid to succeed Boris Johnson, has claimed that “the failure of the British government’s attempts to deport asylum seekers to Rwanda is a problem that ultimately stems from ceding jurisdiction to a foreign court” and that “we simply can’t have European courts deciding who can… [read post]
11 Jul 2022, 9:25 am
The same person would dismantle the administrative state but cede half of Oklahoma to Indian tribes. [read post]
11 Jul 2022, 5:01 am
The same could be true of a parent whose parental rights have been terminated by a court or a parent who has ceded certain decisions to another parent pursuant to a custody arrangement. [read post]
9 Jul 2022, 1:35 pm
Finally, this Article argues that federal common law interpreting the rights of Tribal nations should be relied upon when interpreting the scope of specific Wabanaki rights that were never ceded or relinquished in treaties or in the MICSA. [read post]
9 Jul 2022, 5:00 am
In debating the Constitution after its drafting in 1787, states were assured that ceding authority to a federal government would not only preserve their rights under a federalism system but would guarantee that they would be protected from invasion. [read post]
8 Jul 2022, 4:06 am
RUSSIA, UKRAINE – OTHER DEVELOPMENTS Ukrainian President Volodymyr Zelenskyy told CNN yesterday that Ukraine is unwilling to cede any of its land to Russia, standing firm that a concession of Ukrainian territory won’t be part of any diplomatic negotiations to end the war. [read post]
Tribal Court Dismisses Trespass Charges Against Members Holding Religious Ceremony To Block Pipeline
8 Jul 2022, 4:05 am
" Here defendants had the right to hold religious ceremonies (with invited guests) on land ceded to the United States. [read post]
7 Jul 2022, 1:26 pm
“Supreme Court Needn’t Fear Political Backlash on Abortion; History shows that the justices can undermine their legitimacy with decisions that block popular measures like the New Deal, but not when they cede authority to policy makers”: Ramesh Ponnuru has this essay online at Bloomberg Opinion. [read post]
6 Jul 2022, 9:25 am
Justice Thomas makes this point in his dissent: More than two decades ago, this Court found it "difficult to conceive that the Constitution would have been adopted if it had been understood to strip the States of immunity from suit in their own courts and cede to the Federal Government a power to subject nonconsenting States to private suits in these fora. [read post]
6 Jul 2022, 9:08 am
Employees in these states must, therefore, rely on a court in another state to cede its own state’s sovereignty to the legislature of the employee’s home state. [read post]
4 Jul 2022, 9:05 pm
Although the Schechter decision was seldom relied upon, it has lived on in the attic of antique constitutional rulings, experiencing only rare citations.[8] Following the New Deal, the pendulum swung in the opposite direction for the next half century, with courts ceding power to agencies. [read post]
4 Jul 2022, 6:02 am
For essentially ceding to another backlash?... [read post]
4 Jul 2022, 5:26 am
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights] [This year, my annual post celebrating the Fourth of July is drawn from a chapter of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, and from a short essay on the same topic, The Declaration of Independence and the American Theory of Government: First Come Rights, and Then Comes Government. [read post]
1 Jul 2022, 2:38 pm
The first was a commemoration of the passage of a quarter century since the formal end of U.K. control of a portion of Chinese territory and the ceding of sovereignty of another portion of territory that together constitutes the contemporary Hong Kong SAR. [read post]
29 Jun 2022, 3:26 pm
In both cases, the court held that by ratifying the Constitution, including the bankruptcy clause and the federal power of eminent domain, states had necessarily ceded their immunity as part of “the plan of the [Constitutional] Convention,” or in other words, as part of “the structure of the original Constitutional itself. [read post]
29 Jun 2022, 8:22 am
It held that by ratifying the Constitution, states ceded their sovereign immunity from suit under statutes (including USERRA) that Congress enacts pursuant to its authority under the war powers clauses of Article I of the Constitution. [read post]
