Search for: "ABROGATE"
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19 Nov 2010, 11:11 am
While there may be sound public policy reasons for heightening security to protect passengers against terrorist threats, does the need to protect against an unknown and remotely possible threat provide sufficient justification for abrogating the privacy rights of ordinary, everyday citizens? [read post]
29 Jan 2020, 4:00 am
They explain the theme and purpose of every one of the 89 sections of the Code, including, its purpose and construction (ss. 1-3); decision-making powers respecting evidence (ss. 6-11); burdens of proof and presumptions (ss.12-14); specific rules respecting admissibility (ss. 15-48); methods of establishing facts (ss. 49-85); the application of the Evidence Code to various types of proceedings (ss. 86-87); and, as a consequence of the Evidence Code’s “occupying the field,”… [read post]
6 Apr 2024, 12:32 pm
" … These rights still exist today because they have not been abrogated by statute. [read post]
20 Aug 2012, 4:00 am
YouTube confronted this question and concluded that the DMCA “limits—but does not abrogate— the doctrine” of willful blindness, and it “may be applied, in appropriate circumstances, to demonstrate knowledge or awareness of specific instances of infringement under th [read post]
10 Aug 2015, 1:20 pm
On April 29, 2015, the United States Supreme Court adopted the long anticipated amendments to the Federal Rules of Civil Procedure. [read post]
6 Oct 2022, 8:47 am
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]
16 Oct 2019, 6:59 am
” In other words, “the protection of the confidentiality of Presidential communications has … constitutional underpinnings,” meaning that the privilege cannot be abrogated by statute. [read post]
6 Aug 2012, 4:00 am
Precision Lift as particularly persuasive, and both provide far more discussion regarding their conclusion on how eBay abrogated copyright law’s traditional presumptions in preliminary injunction motions. [read post]
8 Dec 2023, 8:07 am
One option would have been to say that God’s covenant with the Jews had been abrogated when the Jewish people as a whole did not join the Christian Church, but we should be nice to Jews anyway, and avoid speaking disparagingly of their religion, since after all, we’ve been awfully cruel to them over the centuries, and we’d have a better chance of winning them over by being kind. [read post]
3 Jul 2023, 4:42 am
I went to Catholic school, and so I have been long interested in the complex legal system that governs the Catholic Church. [read post]
6 Apr 2009, 3:24 am
Iowa Senator Charles Grassley suggested the AIG executives should take “the Japanese approach”: resignation or suicide.[18] President Barack Obama promised that his Administration would take every measure possible to prevent AIG from paying those bonuses,[19] despite the fact that a successful lawsuit initiated by AIG employees under Connecticut’s wage act could have resulted in $330 million in damages for abrogation of those contracts.[20] Things only got… [read post]
16 Nov 2023, 10:21 am
By contrast, comprehensive decision making (such as normal FDA approval) requires the abrogation of uncertainty by demanding vast knowledge of consequences before action is taken. [read post]
13 Feb 2018, 6:43 am
At issue in the case is whether, under Ohio’s statutory scheme governing the death penalty, the jury’s role as fact-finder is improperly abrogated in violation of the Sixth Amendment. [read post]
5 May 2009, 3:56 pm
On this FRE submitted that there was an ‘overarching agreement’ between it and the Council pursuant to which: “The Claimant has a legitimate and reasonable expectation that the arrangements between it and the [Council] would not be abrogated in a summary and arbitrary fashion and with no adequate notice”. [read post]
12 Feb 2015, 3:15 pm
., 522 F.3d 215, 231 (2d Cir.2008), abrogated in part on other grounds by Bridge v. [read post]
20 Feb 2012, 6:00 am
Nine months now have passed since the U.S. [read post]
19 Jan 2022, 11:25 am
.'" Plaintiff expressed that, "to protect academic freedom and also prevent pretextual abrogation of that right," it had become "absolutely necessary that the editor-in-chief be a full time, tenured faculty member whether at UNT or at an outside institution. [read post]
5 Dec 2016, 2:30 am
Fire Brigades Union concerned an obligation to bring in legislation. 12.40: James Eadie QC has been taking the Justices through the facts and decision in De Keyser, a case which involved the exercise of the prerogative power to requisition property. 12.20: James Eadie QC outlines the conventional approach that the courts have developed for whether fundamental constitutional powers have been abrogated. [read post]
9 Aug 2022, 9:01 pm
The court 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]
22 May 2019, 4:58 pm
On 15 May 2019, the Supreme Court handed down its judgment in the case of R (on the application of Privacy International) v Investigatory Powers Tribunal ([2019] UKSC 22), deciding by a slim majority of 4:3 that an “ouster clause” in section 67(8) of the Regulation of Investigatory Powers Act 2000 (“RIPA”) that purports to exclude from challenge or appeal any decision of the Investigatory Powers Tribunal (“IPT”), does not prevent a judicial review challenge based… [read post]
