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1 Aug 2018, 4:00 am by Howard Friedman
But far from being an abrogation of the distinction between permissible subject matter rules and impermissible viewpoint discrimination, each of these cases represents an application of the Supreme Court’s viewpoint discrimination analysis, of which Guideline 12 does not run afoul. [read post]
1 Aug 2018, 3:25 am by David Kopel
The convention had been presented with a written protest that there was no legal authority to separate from Kansas, and that doing so "will abrogate all legal rights, and throw the country upon the results of a gigantic Vigilance Committee. [read post]
31 Jul 2018, 4:42 pm by Cross & Smith
Juries Now Have Substantial Discretion In 1996, the Alabama Supreme Court ruled that the abrogation of the common law collateral source rule as expounded by section 12-21-45 was unconstitutional and therefore illegal, but then in 2000, the same court overturned their earlier decision and decided that the statute could continue to apply (thus limiting the application of the collateral source rule). [read post]
31 Jul 2018, 2:29 pm by Sarah Aberg and Bochan Kim
It remains to be seen if the Court will issue an opinion en banc to clarify the Circuit’s personal benefit test, or whether the Supreme Court will again weigh in to address, and possibly re-abrogate, Newman. [read post]
31 Jul 2018, 2:29 pm by Sarah Aberg and Bochan Kim
It remains to be seen if the Court will issue an opinion en banc to clarify the Circuit’s personal benefit test, or whether the Supreme Court will again weigh in to address, and possibly re-abrogate, Newman. [read post]
31 Jul 2018, 10:41 am by Tom Smith
In the latest case, Twitter suspended the account of a conservative blogger known for her pro-life opinions despite not producing any evidence to substantiate its claims she abrogated twitter policies.ADVERTISEMENT ADVERTISEMENT via www.lifenews.com What Twitter does. [read post]
26 Jul 2018, 11:16 am by Eugene Volokh
Yet the order (narrowed on appeal to 50 feet, but still unconstitutional) seems to have been based on pretty normal -- if acrimonious -- local political debate. [read post]
26 Jul 2018, 5:03 am by Will Baude
The argument to the contrary—that private defendants can't raise the same defenses that would've been available to them at the common law—borders on the absurd: that Congress enacted § 1983 not just to hold government actors liable for civil rights violations, but also to radically expand liability for private parties by silently abrogating all of the common law defenses they'd long enjoyed. [read post]
26 Jul 2018, 3:00 am by Elena Chachko
The case tees up an interesting question: whether, under international law, a treaty can be abrogated because too much has changed in the relationship between the parties. [read post]
25 Jul 2018, 12:47 pm by Eric Caligiuri
In considering the issue of tribal immunity in an IPR proceeding before the PTAB, the Federal Circuit first noted that as “domestic dependent nations,” Indian tribes possess “inherent sovereign immunity,” and suits against them are generally barred “absent a clear waiver by the tribe or congressional abrogation. [read post]
23 Jul 2018, 6:52 am by Joy Waltemath
Emphasizing the number of people affected by the issue and the importance of giving it full review, Rosenbaum expressed disappointment that the Eleventh Circuit instead chose to rely on “39-year-old precedent” that she asserted was the equivalent of “an Edsel with a missing engine” and was abrogated by the Supreme Court in Price Waterhouse (Bostock v. [read post]
19 Jul 2018, 3:30 am by Eric B. Meyer
Here’s the crescendo: Despite never offering a reasoned explanation tested by the adversarial process, a majority of this Court apparently believes that Blum somehow prophesized the correct post-Price Waterhouse legal conclusion in its one-sentence “analysis” that relies solely on authority itself abrogated by Price Waterhouse. [read post]
19 Jul 2018, 3:30 am by Eric B. Meyer
Here’s the crescendo: Despite never offering a reasoned explanation tested by the adversarial process, a majority of this Court apparently believes that Blum somehow prophesized the correct post-Price Waterhouse legal conclusion in its one-sentence “analysis” that relies solely on authority itself abrogated by Price Waterhouse. [read post]
11 Jul 2018, 8:27 am by Salvatore Iannitti and Pietro Altomani
Consob, the Italian financial sector regulator, has launched a consultation on the abrogation of the obligation to publish a prospectus for unit-linked and index-linked insurance products. [read post]
28 Jun 2018, 2:54 pm by Kent Scheidegger
Wyoming, "Whether Wyoming's admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians' 1868 federal treaty right to hunt on the 'unoccupied lands of the United States,' thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family. [read post]
25 Jun 2018, 5:39 pm by John Elwood
Wyoming, 17-532 Issue: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family. [read post]
24 Jun 2018, 10:50 am by Charles (Chuck) Rubin
The Supreme Court found that the physical presence test is flawed and abrogated it, and thus overruled Quill and National Bellas Hess. [read post]
22 Jun 2018, 1:00 pm by John K. Ross
Sovereign immunity means a state can't be sued unless the state waived immunity or Congress abrogated immunity. [read post]