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22 Feb 2008, 7:19 pm
[www.floridasupport.us][www.floridasupport.us] NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICHAEL MORDENTI, ) ) Appellant, ) ) v. ) Case No. 2D05-4407 ) STATE OF FLORIDA, ) ) Appellee. ) _____________________________________ ) Opinion filed February 22, 2008. [read post]
13 Feb 2008, 7:31 pm
The net effect of the recommendations in this Report is to affirm the importance of client legal privilege as a fundamental principle of the common law that only may be abrogated in exceptional circumstances, and to provide, through federal client legal privilege legislation, a confirmation of the default principles in relation to privilege and a framework for making and resolving claims of client legal privilege in federal investigations. [read post]
8 Feb 2008, 4:22 pm
Plaintiffs argued that the proposed rules retroactively impact applications already on file, abrogating the quid pro quo the applicants believed it had when it filed the application (i.e., disclosing its trade secrets to the public in return for the limited monopoly). [read post]
6 Feb 2008, 4:59 pm
In other words, what set of substantive rights and/or obligations, if any, does a married couple possess that, because of their constitutionally protected status under the state Constitution, may not (in the absence of a compelling interest) be eliminated or abrogated by the Legislature, or by the people through the initiative process, without amending the California Constitution? [read post]
6 Feb 2008, 7:36 am
" That is an excessively narrow reading of the Supreme Court's abrogation of the First Amendment in McConnell v. [read post]
25 Jan 2008, 3:58 am
Noonan stresses that an appellate court could always rely on the superior position of the sentencing judge to feel the facts in affirming a sentence, but that is an abrogation of the appellate duty. [read post]
15 Jan 2008, 10:25 pm
”) While tribal immunity may be abrogated or waived, “[t]o abrogate tribal immunity, Congress must ‘unequivocally’ express that purpose, and to relinquish its immunity, a tribe’s waiver must be ‘clear. [read post]
15 Jan 2008, 8:14 am
Although the father asserts that the monies were pooled for family purposes pursuant to an agreement reached with his children, the court finds that the facts belie any purported "pooling," thereby abrogating any alleged agreement. [read post]
13 Jan 2008, 3:14 am
[JURIST] Ousted Pakistani Supreme Court Justice Rana Bhagwandas [JURIST news archive] was placed under house arrest Saturday for urging members of the Karachi Bar Association to boycott judges who had taken oaths of office under President Pervez Musharraf's now-abrogated Provisional Constitutional Order [text] following his November 3 declaration of emergency rule [JURIST report]. [read post]
7 Jan 2008, 11:03 pm
Reno, 59 F.3d 1445, 1458 (3d Cir.1995) (disagreeing with Fifth Circuit's Brewer, and concluding the pattern and practice of opening inmate's properly marked incoming "court mail" FN25 outside his presence fails the Turner reasonableness standard and violates inmate's rights to free speech and access to courts) ( abrogated in part on other grounds by Lewis v. [read post]
1 Jan 2008, 9:52 am
Cervantes, 219 F.3d 882, 890 (9th Cir. 2000), abrogated on other grounds by Brigham City v. [read post]
30 Dec 2007, 11:14 pm
  This just gives parents a false impression that the internet is safe for their children and abrogates their responsibility to monitor their child's internet usage. [read post]
27 Dec 2007, 9:35 am
We couldn't abide by King George's abrogation of the right to trial by jury in some cases. [read post]
27 Dec 2007, 8:33 am
Article 6 reads as follows: "Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason. [read post]
20 Dec 2007, 9:11 pm
The issue in the case was whether state sovereign immunity was abrogated by the self care provisions of... [read post]
19 Dec 2007, 5:48 am
In that case: The court concluded that Congress did not validly abrogate the states' 11th Amendment immunity when it passed GERA (at... [read post]
15 Dec 2007, 4:46 pm
Under Article 6 of the Pakistan Constitution, those actions constitute "high treason" insofar as they entail an effort to abrogate or subvert the Constitution "by use of force or show of force or by other unconstitutional means. [read post]
14 Dec 2007, 7:53 pm
This division does not abrogate or limit any person's responsibility under section 2151.421 of the Revised Code to report child abuse that is known or reasonably suspected or believed to have occurred, child neglect that is known or reasonably suspected or believed to have occurred, and children who are known to face or are reasonably suspected or believed to be facing a threat of suffering abuse or neglect and does not preclude any exercise of the authority of the state, any political… [read post]
12 Dec 2007, 6:22 am
Next, although, as a general rule, grants of tax exemptions are narrowly construed, it is equally true that “we are not to abrogate the purpose of the exemption through too narrow an application. [read post]