Search for: "ABROGATE"
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3 Aug 2022, 9:15 am
While the bill was welcomed by many in the intellectual property (IP) community, since it would abrogate or weaken many of the seminal decisions that have arguably caused confusion on eligibility over the last decade-plus, some have called the bill out as being far from perfect. [read post]
2 Aug 2022, 9:01 pm
SEC[3] did not abrogate the rule in the Second Circuit that alleged misrepresentations and omissions cannot be the “sole basis”[4] for liability under Rule 10b-5(a) and (c). [read post]
29 Jul 2022, 8:06 am
[TOTM: The following is part of a digital symposium by TOTM guests and authors on Antitrust’s Uncertain Future: Visions of Competition in the New Regulatory Landscape. [read post]
27 Jul 2022, 6:01 am
Greisberger (2nd Cir. 1996) (involving allegations that the plaintiff, an applicant for bar admission, was discriminated against based upon disability), abrogated by Green v. [read post]
27 Jul 2022, 5:49 am
There are no normative reasons to treat abrogation of sovereign immunity differently than other statutory interference with tribal sovereignty. [read post]
25 Jul 2022, 6:00 am
[TOTM: The following is part of a digital symposium by TOTM guests and authors on Antitrust’s Uncertain Future: Visions of Competition in the New Regulatory Landscape. [read post]
24 Jul 2022, 7:10 pm
Cooper, the Supreme Court held that congress lacked power to prophylactically abrogate sovereign immunity. [read post]
23 Jul 2022, 7:35 am
Given the enormous potential costs of losing, gun owners and dealers might well be deterred from trying their luck, just as most abortion providers in Texas were deterred from testing SB 8, even before the Supreme Court abrogated nearly all judicial protection for abortion rights in the Dobbs decision. [read post]
23 Jul 2022, 4:50 am
Current President Kais Saied insists that his proposed constitution, unveiled after scant public input and disavowed by a former constitutional law professor who led a drafting process, does not abrogate democratic rule. [read post]
22 Jul 2022, 1:31 pm
Court of Appeals for the 4th Circuit erred in finding that a reasonable officer in petitioner’s position would not have perceived a danger that justified lethal force; and (2) whether the 4th Circuit erred in defining respondent’s clearly established constitutional right in a general sense by stretching cases with superficial similarities for purposes of abrogating qualified immunity. [read post]
21 Jul 2022, 3:33 pm
I wonder if this bill would abrogate Hobby Lobby and related cases? [read post]
14 Jul 2022, 12:33 pm
., 344 F.3d 1289, 1292 (11th Cir.) and "actually abrogate or directly conflict with, as opposed to merely weaken, the holding of the prior panel. [read post]
14 Jul 2022, 10:02 am
Justice Kavanaugh responds to the dissent that Worcester has been abrogated. [read post]
12 Jul 2022, 9:58 pm
But, there were no votes to abrogate that precedent here--especially after Dobbs. [read post]
12 Jul 2022, 10:07 am
If I had to make a top-ten list of precedents that will be overruled/abrogated soon, CLS would make the cut. [read post]
11 Jul 2022, 5:01 am
Second, Congress could override state sovereign immunity by statute authorizing suit under its powers to enforce the 14th Amendment—though it may not use its various Article I legislative powers, such as the Commerce Clause, to abrogate in this manner. [read post]
6 Jul 2022, 11:07 am
Notably, the best mode requirement has been abrogated under the AIA patent system. [read post]
6 Jul 2022, 9:25 am
And in later cases, that abrogation becomes clear. [read post]
6 Jul 2022, 7:02 am
Quickly, which of the following two actions most burdens the practice of religion: (a) Preventing a football coach from praying at the 50-yard line after a game? [read post]
3 Jul 2022, 10:03 am
Davey is abrogated. [read post]