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24 Apr 2018, 2:05 pm by Eugene Volokh
Ct. 1836) (concluding that the common law of criminal libel was thus adopted), and the legislature has never abrogated that offense. [read post]
18 Apr 2018, 11:13 am by Lawrence B. Ebert
” To the extent inconsistent with this conclusion,our prior case law to the contrary—Inland Steeland its progeny—is abrogated accordingly. [read post]
17 Apr 2018, 11:03 pm by Glen C. Hansen
City of Sumner by concluding that “Koontz abrogated McClung’s holding that Nollan/Dolan does not apply to monetary exactions, which is intertwined with and underlies McClung’s assumptions about legislative conditions. [read post]
10 Apr 2018, 7:46 am by Mark Walsh
” The state argues that abrogating the physical-presence requirement is now essential to eliminate arbitrary and unclear results, promote interstate commerce, and avoid important, ongoing, and unjustifiable harms to the states. [read post]
8 Apr 2018, 4:00 am by Administrator
Il est admis en pratique courante qu’il y a lieu de faire référence au texte remplacé, abrogé ou modifié pour déterminer l’interprétation à donner au nouveau texte législatif. [read post]
5 Apr 2018, 4:00 am by Suzanne Maloney
But however the next step goes down in Iran, Washington must recognize that the costs of American abrogation of the nuclear deal will not be borne by Iran alone. [read post]
28 Mar 2018, 11:11 am by Seyfarth Shaw LLP
The Eleventh Circuit found that it was bound to apply that precedent unless and until it is overruled or squarely abrogated by the Supreme Court or the Eleventh Circuit sitting en banc. [read post]
27 Mar 2018, 7:00 am by J. Dana Stuster
Trump will blame the Europeans for not supporting his insistence on unilateral changes to the agreement; the Europeans will correctly fault him for abrogating an international agreement that, by all accounts, has constrained Iran’s nuclear program. [read post]
26 Mar 2018, 7:39 am by John McFarland
It held that the statute did not clearly indicate legislative intent to abrogate a common-law cause of action, and the Koopmanns could therefore sue for breach of contract. [read post]
23 Mar 2018, 4:00 am by Alan Z. Rozenshtein
As I’ve written before, the background immunity that the law abrogates, Section 230 of the Communications Decency Act (CDA) of 1996, “is the most important legal driver of digital free expression” and enjoys “enjoys near-mythic status among internet activists and technology companies. [read post]
21 Mar 2018, 1:39 pm by Mark Walsh
Lundgren, which presents the somewhat daunting question of whether a court’s exercise of “in rem” jurisdiction overcomes the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it. [read post]
19 Mar 2018, 9:17 am by Friedman, Rodman & Frank, P.A.
The Court’s Analysis The court found in favor of the coffee shop, noting that any duty that would normally arise on behalf of the coffee shop was abrogated by the presence of the boy’s parents. [read post]
19 Mar 2018, 6:08 am by Matthew L.M. Fletcher
Legislation Bulletin http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html The following bills were added: S. 2514: PACED Act (Preserving Access to Cost Effective Drugs) [bill to abrogate tribal sovereign immunity] S. 2545: A bill to amend the Public Health Service Act to authorize a special behavioral health program for Indians. [read post]