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22 May 2021, 2:46 pm
  However, if I were wrong so that “the principle of trial by jury previously practised in Hong Kong” would include the right as now contended by the Applicant, that right would have been abrogated by the combined operation of NSL 46(1) and NSL 62 as a matter of necessary implication. [read post]
18 May 2021, 1:15 pm by Rebecca Tapscott
Solutions were proposed to level the playing field, including Congress enacting a law validly abrogating state sovereign immunity and waiving sovereign immunity for states acting as market participants. [read post]
13 May 2021, 10:08 am by Eric Goldman
Because it’s an unworkable definition, the Ninth Circuit has walked back or abrogated the Brookfield standard many times–most definitively in its 2011 Network Automation case, after which the initial interest confusion dried up in the Ninth Circuit. [read post]
13 May 2021, 6:10 am by Shaiba Rather
At the end of 2020, dozens of articles celebrated India’s success in its fight against the coronavirus. [read post]
In this way, he concurred that such determinations act as a “commonwealth legislative bulldozer,” abrogating any common law norms. [read post]
As a result of the same, the power of state governments to identify SEBCs has been abrogated: “the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament. [read post]
2 May 2021, 9:59 am by Mark Latham
To abrogate state sovereign immunity, the 3rd Circuit determined that Congress was required to do so expressly in the text of the statute, which the court found lacking in the NGA. [read post]
1 May 2021, 5:16 pm by David Kopel
[A book that may may help decide the Supreme Court's upcoming right to carry case.] [read post]
30 Apr 2021, 1:31 pm by Andrew Hamm
Mansky overruled or abrogated the court’s holding in Lehman v. [read post]
30 Apr 2021, 9:34 am by Eugene Volokh
And in any event, New York has abrogated the professional rescuer doctrine by statute, so it doesn't prevent this lawsuit from going forward. [5.] [read post]
29 Apr 2021, 6:07 am by The Law Offices of John Day, P.C.
The voluntary nonsuit also abrogated the Notice [plaintiff] sent to [defendants]. [read post]
27 Apr 2021, 10:46 am by Mark Latham
Thus, “[t]o ask for a clear abrogation of sovereign immunity in this context is to ask Congress to clearly abrogate something that was surrendered long ago in the plan of the convention. [read post]
17 Apr 2021, 10:27 am by Eugene Volokh
[An illustration of our individualistic law of religious exemptions.] [read post]
We will vigorously prosecute this case and intend to prove that Officer Potter abrogated her responsibility to protect the public when she used her firearm rather than her taser. [read post]
9 Apr 2021, 8:20 am by Lydia Estep
On the other side of the government-as-copyright-party coin, the Supreme Court held that states that violate copyrights have Eleventh Amendment protection from suit and that the Copyright Remedy Clarification Act of 1990 did not validly abrogate this protection. [read post]
2 Apr 2021, 2:35 pm by Lundgren & Johnson, PSC
As a drug lawyer in Minnesota, the phrase, “One man’s trash is another man’s treasure,” comes to mind frequently. [read post]
2 Apr 2021, 5:00 am by Daniel E. Cummins, Esq.
  Accordingly, the real estate exception to the immunity provided by the Act was found not to be implicated by the facts of the accident.As a result, the Court ruled the Plaintiff’s claims and evidence were insufficient to abrogate the Housing Authority’s immunity under the Sovereign Immunity act.Anyone wishing to review this decision may click this LINK.I send thanks to Attorney Brian J. [read post]
31 Mar 2021, 6:56 pm by Daniel E. Cummins, Esq.
.), the Motions Court Judge in Allegheny County, Judge Phillip Ignelzi, abrogated the Judge Wettick approach for Allegheny County moving forward and adopted Judge Nealon’s approach as enunciated in Karim v. [read post]
30 Mar 2021, 4:07 am by Matthew L.M. Fletcher
There are no normative reasons to treat abrogation of sovereign immunity differently than other statutory interference with tribal sovereignty. [read post]
15 Mar 2021, 9:04 am by Arnold Wadsworth Coggins
., held that: 1 postnuptial agreement was not a separation agreement which could be abrogated by reconciliation; 2 as a matter of first impression, postnuptial agreement was not a property settlement agreement which could be abrogated by reconciliation; 3 retroactive child support was not an “arrearage,” and thus award of prejudgment interest was not warranted; and 4 evidence was sufficient to support finding that wife did not sign… [read post]