Search for: "ABROGATE"
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13 Dec 2023, 12:25 pm
As a result, in Voneida, the Third Circuit held that Jones officially abrogated In re Dorsainvil and closed the avenue to relief that case had opened. [read post]
8 Dec 2023, 8:07 am
One option would have been to say that God’s covenant with the Jews had been abrogated when the Jewish people as a whole did not join the Christian Church, but we should be nice to Jews anyway, and avoid speaking disparagingly of their religion, since after all, we’ve been awfully cruel to them over the centuries, and we’d have a better chance of winning them over by being kind. [read post]
5 Dec 2023, 7:29 am
However, the ABA would oppose including provisions in the federal funding proposal that abrogate our nation’s moral and legal responsibility to protect asylum seekers — obligations that stem from longstanding domestic and international law. [read post]
4 Dec 2023, 5:01 am
Chase Revel, Inc. (5th Cir. 1983) (evidence of refusal by publisher to retract a statement after it has been shown to be both false and defamatory may be relevant to the issue of actual malice in certain circumstances), abrogation on other grounds recognized in Hiller v. [read post]
24 Nov 2023, 7:59 am
The next clause in the same sentence adds that a justice “has an obligation to sit unless disqualified,” which is redundant of a clause in the previous section that a justice “should participate in matters assigned, unless disqualified,” but highlights the court’s ongoing interest in resurrecting the “duty to sit” as a turn of phrase that Congress sought to abrogate in 1974. [read post]
16 Nov 2023, 10:21 am
By contrast, comprehensive decision making (such as normal FDA approval) requires the abrogation of uncertainty by demanding vast knowledge of consequences before action is taken. [read post]
15 Nov 2023, 9:07 am
(Witness the celebrated abrogation of charitable and intrafamilial immunities.) [read post]
15 Nov 2023, 5:57 am
Moreover, an act of slave trading is not abrogated when slave traders trade among themselves or when the person in receipt of the slave traded person decides not to enslave them or maintain them in enslavement. [read post]
10 Nov 2023, 3:17 am
However, despite the fact that the plaintiff became aware of the requirement to give notice as well as getting new attorneys, he did not take the necessary steps to remedy his noncompliance but further argued that his previous attorneys were of the belief that the section was abrogated by disuse. [read post]
8 Nov 2023, 5:43 am
As MOJ-er Robby George wrote, a while back, regarding Evangelium vitae, When it is not possible to overturn or completely abrogate a pro-abortion law, an elected official, whose absolute personal opposition to abortion was well known, could licitly support proposals aimed at limiting the harm done by such a law and at lessening its negative consequences at the level of general opinion and public morality. [read post]
7 Nov 2023, 2:20 pm
That case involved a statute much like this one – where “plugging in” a definition to a liability provision would have abrogated sovereign immunity – but the court held it was not enough to vitiate sovereign immunity. [read post]
3 Nov 2023, 8:35 am
From the government’s perspective, it is not nearly enough for the plain meaning of the statute to abrogate the government’s sovereign immunity. [read post]
28 Oct 2023, 1:32 pm
Dubois, 238 F.3d 153, 164 (2d Cir. 2001), abrogated on other grounds by Golan, 142 S. [read post]
26 Oct 2023, 2:33 am
Threatened with abrogation by numerous amendments submitted by opposition MPs during the examination of the Finance Bill for 2024, the French tonnage tax regime has finally been saved. [read post]
16 Oct 2023, 3:23 pm
Nonetheless, it seems highly unlikely that the Supreme Court would abrogate Chevron only for future statutes. [read post]
13 Oct 2023, 6:06 am
Poland has lurched for years from one crisis to another over the rule of law and judicial independence. [read post]
12 Oct 2023, 5:51 am
The School District abrogated the parental rights of B.F. and T.F. on how to medically treat A.F. when the district decided to socially affirm A.F. at school despite B.F. and T.F. requesting it does not. [read post]
8 Oct 2023, 1:01 am
His rulings often faced criticism in the decades during and after Fuller’s tenure, and many were later overruled or abrogated. [read post]
5 Oct 2023, 9:35 am
In our view, the 2015 Statement abrogates the Commission’s congressionally mandated duty to use its expertise to identify and combat unfair methods of competition even if they do not violate a separate antitrust statute. [read post]
4 Oct 2023, 7:54 am
[The Horseracing Integrity and Safety Authority has an Appointments Clause problem.] [read post]
