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10 Feb 2022, 10:01 am by Eugene Volokh
Steadfast fidelity to, and vigilance in protecting First Amendment freedoms cannot be permitted to abrogate the fundamental protections of attorney client privilege or the basic right of privacy…. [read post]
8 Feb 2022, 6:00 am by The Law Offices of John Day, P.C.
The Supreme Court began its analysis by reviewing the history of the definition of “health care liability action,” noting that legislation in 2011 “statutorily abrogated [the previous] nuanced approach for distinguishing ordinary negligence and health care liability claims. [read post]
8 Feb 2022, 5:01 am by Adam Chan
Nonetheless, the court subsequently extended the ban on abrogation to cover state, as well as federal, court in  Alden v. [read post]
4 Feb 2022, 12:16 pm by Jonathan H. Adler
§ 1605(a)(2) (abrogating foreign sovereign immunity with respect to claims that are "based upon . . . an act performed in the United States in connection with commercial activity of the foreign state elsewhere"). [read post]
4 Feb 2022, 12:09 pm by Katie Brown
  He held that even if the public nuisance claim were abrogated, the other claims would still proceed; that reversing the juror-misconduct issue will still require a new trial’ and that plaintiffs’ claims could proceed regardless of the Controlled Substances Act. [read post]
29 Jan 2022, 4:04 am by Russell Knight
A divorce case is not the legal resolution of a moment in time like an accident tort or an instance of criminal activities. [read post]
25 Jan 2022, 5:27 pm by Howard Bashman
“Faith Can’t Abrogate a Contract; A California state court goes too far in a ruling against Scientology’s arbitration agreement”: Law professor Michael J. [read post]
19 Jan 2022, 11:25 am by Eugene Volokh
.'" 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]
3 Jan 2022, 6:39 pm by Eugene Volokh
The COVID-19 pandemic provides the government no license to abrogate those freedoms. [read post]
3 Jan 2022, 11:13 am by Jonathan Bailey
Allen lost that lawsuit last year when the Supreme Court ruled against him, saying that Congress had overstepped its bounds when trying to abrogate state sovereign immunity. [read post]
27 Dec 2021, 9:38 am by Eugene Volokh
Steadfast fidelity to, and vigilance in protecting First Amendment freedoms cannot be permitted to abrogate the fundamental protections of attorney client privilege or the basic right of privacy…. [read post]
 In the opinion, Wood wrote, “Steadfast fidelity to, and vigilance in protecting First Amendment freedoms cannot be permitted to abrogate the fundamental protections of attorney-client privilege or the basic right to privacy. [read post]
23 Dec 2021, 6:40 am by Matthew L.M. Fletcher
Lummi Nation: Cert Petition.pdfDownload Question presented: The question presented is whether the Ninth Circuit—in conflict with decisions of this Court and other courts—properly abrogated the long-settled and original understanding of a central treaty term, without any legal or factual basis for doing so, and while redefining the boundary of a major body of water to accommodate its novel treaty interpretation. [read post]
23 Dec 2021, 5:28 am by Barsumian Armiger
The Court’s opinion first reviewed the common-law origins of sovereign immunity, the abrogation of such by Indiana courts, and legislative codification of governmental immunity in the ITCA; second, it analyzed and modified the rule in Catt; third, it discussed why legislative acquiescence and stare decisis do not forbid the Court’s modification of the rule in Catt, with discussion of policy arguments advanced by INDOT; and last, it analyzed the Court’s new rule as to the… [read post]
22 Dec 2021, 7:33 am by Alex Meier
McCall, a tire manufacturer asked Georgia’s Supreme Court to overrule or abrogate its decision in Klein. [read post]
22 Dec 2021, 2:36 am by Eleonora Rosati
In particular, a string of regional copyright conventions were adopted and revised along the way in the Americas, including in particular the 1910 Buenos Aires Convention (the Panamerican Copyright Conventions).The adoption of the Universal Copyright Convention did not abrogate those regional conventions, but in reality, it became the main international instrument regarding the copyright relations of the countries that did not feel ready to join the Berne Union. [read post]
17 Dec 2021, 1:56 pm by Robert Chesney, Steve Vladeck
Circuit's ruling refusing to assert post-presidential decision-making authority to Donald Trump in relation to the records of his presidency held by NARA The SCOTUS cert. grant in Torres (does Congress under its power to raise and support the armed forces have authority to abrogate state sovereign immunity) The SCOTUS cert. denial in Begani The 10th Circuit's ruling in Muhtorov (upholding the Section 702 FISA framework against various challenges) Passage of the NDAA… [read post]