Search for: "ABROGATE"
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24 Jun 2008, 2:29 pm
Demanding unilateral changes and threatening to abrogate an agreement that has increased trade and prosperity is nothing more than retreating behind protectionist walls. [read post]
20 Jun 2008, 6:49 pm
Calabresi wrote, "We believe IJ Vomacka clearly abrogated his ‘responsibility to function as a neutral, impartial arbiter,' when, without reference to any support in the record, he voiced stereotypes about homosexual orientation and the way in which homosexuals are perceived, both in the United States and Guyana. [read post]
17 Jun 2008, 8:28 am
If you're going to use that inflammatory term, why don't you think it applies just as well to striking down the Gun Free School Zones Act and those attempts to abrogate sovereign immunity? [read post]
14 Jun 2008, 10:27 am
., 488 F.2d 714 (5th Cir.1974),abrogated on other grounds by Blanchard v. [read post]
13 Jun 2008, 3:40 am
, Schering-Plough Corp – Following dispute over trade dress with Schering-Plough, Fruit of the Earth announces plan to change its package design: (IP Law360), US: Quanta and its impact on biotechnology: (Holman’s Biotech IP Blog), US: BIO files amicus brief asking CAFC to cabin in scope of KSR and hold that its obvious to try dicta does not abrogate the Deuel standard: In re Kubin: (Patently-O), US: StemCells gets patent on enriched central nervous system stem cell and… [read post]
12 Jun 2008, 7:14 am
Of Kubin (now before the CAFC), Patently-O noted: On June 10, the Biotechnology Industry Organization filed an amicus brief asking the court to cabin in the scope of KSR and hold that its obvious to try dicta does not abrogate the Deuel standard. [read post]
12 Jun 2008, 1:27 am
On June 10, the Biotechnology Industry Organization filed an amicus brief asking the court to cabin in the scope of KSR and hold that its obvious to try dicta does not abrogate the Deuel standard. [read post]
11 Jun 2008, 2:19 pm
NLRB Law Memo 06/11/2008 by LawMemo - First in Employment Law. [read post]
11 Jun 2008, 1:50 pm
The judge held that the "combination of drugs" method: "resulted in arbitrary abrogation of a statutory and substantive right of a condemned person, in violation of the Fifth and Fourteenth Amendments to the United States Constitution and Section 16, Article I of the Ohio Constitution (due process clause)" See State v. [read post]
11 Jun 2008, 4:05 am
The 3,600 mile walk was successful in its purpose: to gather enough support to halt proposed legislation abrogating Indian treaties with the U.S. government. [read post]
7 Jun 2008, 10:18 pm
(Although the proposed amendments explicitly provide that Supreme Court or High Court judges who validate any extraconstitutional abrogation of the Constitution would cease to be judges and may be found guilty of high treason under Article 6 of the Constitution, the amendments appear not to extend those consequences to the judges who validated Musharraf's extraconstitutional Emergency in November.)Second, the draft package would limit the power of the presidency. [read post]
5 Jun 2008, 2:47 am
In Rodriguez, the First Circuit abrogates an earlier ruling in which a panel had "held that sentencing disparity attributable to the selective inauguration of so-called 'fast-track' programs for the processing of immigration crimes could not form the basis for a variant sentence. [read post]
4 Jun 2008, 8:29 pm
He writes:In fidelity to the Supreme Court's new gloss, we abrogate Andújar-Arias [507 F.3d 734 (1st Cir. 2007) (our coverage here)] to the extent that it is inconsistent with this opinion, vacate the sentence appealed from, and remand for resentencing.His analysis can be boiled down to this:Like the crack/powder ratio, fast-track departure authority has been both blessed by Congress and openly criticized by the Sentencing Commission. ... [read post]
2 Jun 2008, 9:08 am
Twombly, a case that abrogated Conley v. [read post]
2 Jun 2008, 8:11 am
Allowing such an approach would completely abrogate the purpose of the Patent Rules, which is to effectuate an orderly and efficient pretrial process. [read post]
2 Jun 2008, 5:55 am
In 1933 Congress and the Roosevelt administration abrogated all clauses in existing debt contracts requiring repayment in gold (i.e. protecting lenders from dollar inflation), and by doing so effectively wrote down existing obligations of debtors by 69%. [read post]
20 May 2008, 8:45 am
” The United States nonetheless contends that certiorari is not warranted because the Department of Labor is currently considering a revision to Section 825.220(d) that would “eliminate any ambiguity in § 825.220(d), resolve the question presented in this case, and effectively abrogate the Fourth Circuit’s decision - at least on a going forward basis. [read post]
17 May 2008, 11:35 am
Indeed, one court later did so relying on the now-abrogated FTC decision. [read post]
1 May 2008, 4:05 am
Cir. 1993) (abrogated on other grounds). [read post]
23 Apr 2008, 4:54 am
On appeal, Louisiana argued “CAFA does not apply, and that even if it does apply by its terms, it cannot abrogate sovereign immunity from federal process, or at the least Congress did not clearly do so in CAFA. [read post]
