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23 Apr 2024, 4:30 am by Matthew L.M. Fletcher
In contrast, where Articles IV speaks to rules designed to ensure states treat each other respectfully (i.e. requests for extradition, claims under the Equal Footing Doctrine, or any attempt to enforce the Guarantee Clause) then Article IV’s rules do not permit states to abridge, abrogate, modify, or erode the inherent rights of tribal nations. [read post]
19 Apr 2024, 6:52 pm by Stephen Halbrook
ATF's commentary includes the following fundamental misunderstanding of Supreme Court precedent: "In response to commenters stating that the Department should not use the Heller two-step process, the Department acknowledges that Bruen abrogated the 'two-step' framework of Heller, as 'one step too many,' and rejected the application of means-end scrutiny at the second step. [read post]
16 Apr 2024, 12:47 am by Frank Cranmer
The Loi concernant la séparation of 1905 abrogated almost all of the previous Concordat except in Alsace and Lorraine, so it is difficult to see why the Codex Iuris Canonici 1983 could have any higher status in French law than the rules of any other private organisation. [read post]
10 Apr 2024, 7:37 pm by Ilya Somin
If the argument is that posting this speech on social media sites such as Twitter or Facebook would have enabled it to reach a bigger audience or a different group of people from that reachable through other sites, that argument can be used to justify abrogating the speech rights of a wide range of media outlets and other organizations. [read post]
8 Apr 2024, 9:47 am by Dennis Crouch
It’s not traditionally in the context of someone who owns property, which has been vacated, abrogated by the government. [read post]
6 Apr 2024, 12:32 pm by Eugene Volokh
" … These rights still exist today because they have not been abrogated by statute. [read post]
20 Mar 2024, 12:26 pm by Aaron Mackey
EFF’s motion argues that this contention is incorrect as a matter of law because the parties cannot use their agreement to abrogate the public’s First Amendment and common law rights to access court records. [read post]
14 Mar 2024, 9:52 pm by Josh Blackman
That Congress gave the Conference some powers to "abrogate" some rules under Section 2071, but withheld that power to "abrogate" other rules, is significant. [read post]
12 Mar 2024, 5:55 am by Yuval Shany
Introduction During six days in February 2024, the International Court of Justice (ICJ) heard 52 States and international organizations stating their position on a legal matter put before the Court – the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. [read post]
The charges stemmed from his critique of the abrogation of Article 370, which granted special autonomous status to Jammu and Kashmir, and his expression of goodwill towards Pakistan on its Independence Day. [read post]
5 Mar 2024, 6:00 am by Harold Hongju Koh
A fortiori, those States may exercise the lesser right of temporarily abrogating sovereign immunity to tap frozen Russian assets. [read post]
As far as we can tell, this type of abrogation—swift and silent—has never happened in federal legislation. [read post]
29 Feb 2024, 5:36 am by Dennis Crouch
”    The purpose of the 2011 amendment was to abrogate the Supreme Court’s 2002 decision in Holmes Group v. [read post]
18 Feb 2024, 4:00 am by SOQUIJ
., 2014-09-17), 2014 QCCA 1681, SOQUIJ AZ-51108126, 2014EXP-2935, J.E. 2014-1680 — culpabilité morale — abrogation — clause de la dernière chance — appel — norme d’intervention — déférence — absence d’erreur manifeste et déterminante. [read post]
9 Feb 2024, 2:26 pm by Eugene Volokh
The opinion provided no hint, much less an emphatic statement, that it was abrogating decades of precedent…. [read post]
29 Jan 2024, 6:19 pm by Mark Ashton
Unless or until this Court abrogates the presumption of paternity in a case where that issue is preserved and fully developed, courts in this Commonwealth shall apply the presumption of paternity in the limited circumstance where its purpose to preserve marriage is advanced. [read post]