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17 Dec 2008, 2:25 pm
We anticipate that one of the more difficult aspects of implementation of this provision will be continuing to comply with the "child find" obligations of IDEA, which, Department of Education officials also emphasize, are in no way abrogated or compromised by the provision that parents may revoke consent for special education. [read post]
10 Dec 2008, 6:31 pm
If an automaker has a good faith, legally plausible argument that the Clean Air Act (or other federal statute) bars states from adopting certain emission standards, and the automaker’s business (and thus its shareholders) will be benefited by abrogation of those state standards, then shouldn’t the automaker be permitted to ensure that the states follow the law that Congress passed? [read post]
7 Dec 2008, 5:48 am
Weaver, 957 So. 2d 586, 587-88 (Fla. 2007), the Florida Supreme Court abrogated in part the rules enunciated in Vega and Dixon, wherein the Second District held that the defendants, charged by information only with intentionally touching a law enforcement officer, were entitled to a new trial because the trial court's erroneous instruction on both the intentional touching and bodily harm forms of BOLE constituted fundamental error. [read post]
30 Nov 2008, 12:41 am
Significantly, the committee note explains that the 1996 amendment to the rule “does not abrogate prior case law holding that a party's right of appeal arises when there is a termination of judicial labor on the issue involved as to that party. [read post]
26 Nov 2008, 10:51 am
In the meantime, the Florida Supreme Court has abrogated a legislative attempt to order the removal from the registry of any attorney who exceeds the 840-hour cap and requests compensation beyond the statutory limits. [read post]
24 Nov 2008, 1:28 pm
  Much has been made of the abrogation of the secret ballot election, but equally dramatic are the limitations placed on collective bargaining and contract determination by an arbitrator if no agreement is reached in 120 days of negotiations. [read post]
14 Nov 2008, 11:03 pm
  So too, without lawyers to advocate in court  on behalf  the rights of the injured, the abrogation of these rights is more easily brought about. [read post]
12 Nov 2008, 9:26 am
.' Then, after discussing Moseley's case, and another case:'Now most people would consider such activities to be perverted, depraved, the very abrogation of civilised behaviour of which the law is supposed to be the safeguard. [read post]
9 Nov 2008, 11:00 am
 Ultimately, a trial court in 2007 entered an order directing that the child be removed from the mother and that DYFS be granted physical custody because it deemed the mother to have abrogated her responsibilities as the child’s caretaker and violated related court orders and directives. [read post]
6 Nov 2008, 1:33 pm
Cette loi a été modifiée à deux reprises, avant d'être abrogée le 5 août 2003. [read post]
6 Nov 2008, 12:45 pm
. - Austin 1993):A procedural due-process requirement of notice and herring does not necessarily abrogate the state's immunity from suit and immunity from liability...Both Rule 165a and 306a provide for procedural relief in the event a party fails or neglects to appear at any herring or trial of which the party had notice...In the absence of a herring by submission, a hearing contemplates a formal, adversary oral presentation by the parties... [read post]
3 Nov 2008, 12:00 pm
  Contrary to the defendant's contention, and under the circumstances presented, that right is neither pre-empted nor abrogated by the pending judicial dissolution proceeding. [read post]
30 Oct 2008, 8:27 am
The ADA Amendments expressly abrogated Sutton. [read post]
27 Oct 2008, 2:50 am
While appreciation of separate property is considered to be separate property, extensive case law has abrogated this concept significantly. [read post]
22 Oct 2008, 10:03 am
(The photo below right is from the former prison, now a museum.)The Co-Prosecutors' July 18, 2007, Initial Submission had requested that Duch be indicted for the three core international crimes (war crimes, genocide, and crimes against humanity) as well as certain domestic crimes under the 1956 Penal Code, which was never abrogated by the Khmer Rouge and which forms part of the ECCC's subject matter jurisdiction. [read post]
20 Oct 2008, 3:33 pm
Much has been made of the abrogation of the secret ballot election, but equally dramatic are the limitations placed on collective bargaining and contract determination by an arbitrator if no agreement is reached in 120 days of negotiations. [read post]
19 Oct 2008, 11:42 am
Rule 96ZQ(5) on the other hand provides that penalty is payable if the "amount specified" is not paid by "the date specified" - a clear abrogation of mens rea. [read post]