Search for: "ABROGATE"
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24 May 2019, 7:20 am
Wade and other similar high-stakes constitutional precedents may be next in line for abrogation. [read post]
23 May 2019, 4:26 am
Omar Qureshi, Dan Tench and Cathryn Hopkins of CMS comment on the decision which was handed down on 15 May 2019 by the UK Supreme Court in the matter of R (on the application of Privacy International) v Investigatory Powers Tribunal and others [2019] UKSC 22: On 15 May 2019, the Supreme Court handed down its judgment, deciding by a slim majority of 4:3 that an “ouster clause” in section 67(8) of the Regulation of Investigatory Powers Act 2000 (“RIPA”) that purports to… [read post]
22 May 2019, 4:58 pm
On 15 May 2019, the Supreme Court handed down its judgment in the case of R (on the application of Privacy International) v Investigatory Powers Tribunal ([2019] UKSC 22), deciding by a slim majority of 4:3 that an “ouster clause” in section 67(8) of the Regulation of Investigatory Powers Act 2000 (“RIPA”) that purports to exclude from challenge or appeal any decision of the Investigatory Powers Tribunal (“IPT”), does not prevent a judicial review challenge based… [read post]
22 May 2019, 12:32 pm
No implicit or other judicially created exceptions to subject matter eligibility, including “abstract ideas,” “laws of nature,” or “natural phenomena,” shall be used to determine patent eligibility under section 101, and all cases establishing or interpreting those exceptions to eligibility are hereby abrogated. [read post]
21 May 2019, 9:59 am
Repsis, which held that the tribe’s treaty right was abrogated when Wyoming became a state, precluded Herrera from arguing that the treaty right was still valid. [read post]
21 May 2019, 5:23 am
Has Chavez-Vilchez altered the approach to derivative claims for residence in the UK? [read post]
20 May 2019, 12:44 pm
Repsis, which held that the tribe’s treaty right was abrogated when Wyoming became a state, precluded Herrera from arguing that the treaty right was still valid. [read post]
20 May 2019, 12:00 pm
The holding: Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.Justice Sotomayor wrote the opinion, which can be accessed here. [read post]
20 May 2019, 9:11 am
Take Payday Lenders and Arbitration as a Textbook Case: What is the Majority Position on Litigation Waiver and Who Got It Right? [read post]
16 May 2019, 8:55 am
Of the provisions outlined above, those pertaining to abrogation of judicial exceptions and the codification of legislative subject matter exceptions are already generating debate. [read post]
14 May 2019, 6:56 am
In short, Baude and Sachs argue that states should be free in their own courts to abrogate one another’s sovereign immunity but that any resulting judgments are generally unenforceable. [read post]
13 May 2019, 3:51 pm
But note that none of this addresses whether another state, like Nevada, can abrogate California's immunity in its courts, just as it might abrogate any other rule of common law. [read post]
2 May 2019, 1:26 pm
” FERC also dismissed PG&E’s argument that the rejection of a contract is no different than a breach of contract and, unlike an abrogation, does not change the contract’s terms. [read post]
2 May 2019, 7:53 am
Statutorily abrogate judicially created exceptions to patent eligible subject matter in favor of exclusive statutory categories of ineligible subject matter. [read post]
2 May 2019, 5:42 am
The statute did not clearly indicate legislative intent to abrogate a common-law cause of action. [read post]
1 May 2019, 7:51 am
(Esther Kiobel, one of the Ogoni 9 Pix Credit HERE)On 1 May 2019, the Court of the Hague (first instance) delivered its (very long) opinion in Case number C / 09/540872 / HA ZA 17-1048 brought by four widows of the Ogoni 9 against the Shell companies, including ROYAL DUTCH SHELL PLC in London, United Kingdom, with offices in The Hague, and SHELL PETROLEUM N.V. in The Hague. [read post]
30 Apr 2019, 7:10 pm
The new law also would statutorily abrogate judicially created exceptions to patent-eligible subject matter in favor of exclusive categories of ineligible subject matter. [read post]
30 Apr 2019, 5:55 am
The PMÖD has, unlike the Patent and Market Court (PMD) and the Patent and Registration Office (PRV), considered that an international registration of a trademark consisting of, inter alia, the letter g enclosed in a square in figure shall apply in Sweden and thus abrogated the decision of the lower court and a practice that had been established through preparatory works and case law since the 1960’s. [read post]
29 Apr 2019, 1:01 am
The Black Hills, the oldest mountain range in the United States, stretches across South Dakota and Wyoming. [read post]
26 Apr 2019, 6:27 am
Marie Tribe of Chippewa Indians 18-1218 Issue: Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes. [read post]
