Search for: "ABROGATE"
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12 Dec 2016, 1:28 pm
In Brown for instance, the court determined that the passage of section 570.020, which went into effect in 1979, was meant to abrogate the purchase-price-plus-age test. [read post]
9 Dec 2016, 2:51 pm
The erroneous decision that prevents states from importing thiopental from willing sellers overseas could be abrogated by statute or taken up to the U.S. [read post]
9 Dec 2016, 7:38 am
The court went on to clarify that even though the criminal charges may not be “resulting from” a child abuse report, as long as they are “related to” a child abuse report this is sufficient for the court to abrogate the spousal privilege. [read post]
8 Dec 2016, 1:55 pm
Yep, it's mostly a yawner - except for new Family Code section 70, enacted to abrogate the California Supreme Court's 2015 Marriage of Davis decision, just about everything else our lawmakers did to the code was simple language tinkering. [read post]
8 Dec 2016, 1:55 pm
Yep, it's mostly a yawner - except for new Family Code section 70, enacted to abrogate the California Supreme Court's 2015 Marriage of Davis decision, just about everything else our lawmakers did to the code was simple language tinkering and symmetry. [read post]
8 Dec 2016, 1:30 am
This is a live blog of the fourth day of the hearing of the “Brexit” appeal. [read post]
7 Dec 2016, 4:00 am
Blood Tribe Department of Health, 2008 SCC 44 (CanLII), [2008] 2 S.C.R. 574, it has been settled law that any legislative provision capable of interfering with solicitor‑client privilege must be read narrowly and that a legislature may not abrogate that privilege by inference, but may only do so using clear, explicit and unequivocal language. [read post]
6 Dec 2016, 12:45 pm
At the same time, President Rouhani defended the importance of preserving the nuclear agreement in the face of President-elect Donald Trump’s threats to abrogate it. [read post]
6 Dec 2016, 7:14 am
The court would not construe the panel’s comments as “abrogating Congressional intent and case law mandating reasonable attorneys’ fees and costs to prevailing FLSA plaintiffs. [read post]
5 Dec 2016, 11:01 am
Kentucky, 559 U.S. 356, 364-366 & n.8 (2010), regarding counsel’s failure to warn of the immigration consequences of a plea, had “abrogated the distinction between direct and collateral consequences and created a new framework for determining whether a consequence of conviction has a uniquely ‘close connection’ to the criminal process to require warnings under the right to counsel guaranties of the Sixth Amendment. [read post]
5 Dec 2016, 11:01 am
Kentucky, 559 U.S. 356, 364-366 & n.8 (2010), regarding counsel’s failure to warn of the immigration consequences of a plea, had “abrogated the distinction between direct and collateral consequences and created a new framework for determining whether a consequence of conviction has a uniquely ‘close connection’ to the criminal process to require warnings under the right to counsel guaranties of the Sixth Amendment. [read post]
5 Dec 2016, 2:30 am
Fire Brigades Union concerned an obligation to bring in legislation. 12.40: James Eadie QC has been taking the Justices through the facts and decision in De Keyser, a case which involved the exercise of the prerogative power to requisition property. 12.20: James Eadie QC outlines the conventional approach that the courts have developed for whether fundamental constitutional powers have been abrogated. [read post]
3 Dec 2016, 8:49 pm
After the treaties were abrogated by the United States, 9 smaller reservations remain, located in North Dakota and South Dakota, including those of the three petitioners. [read post]
3 Dec 2016, 6:16 am
On September 28, 2016, I audio-taped a 55-minute makeup class on Congressional abrogation of the 11th Amendment, including Kimel, Garrett and Hibbs. [read post]
2 Dec 2016, 5:24 am
The Miller opinion also stressed that British citizens enjoy rights of free movement throughout the European Community, and that these rights cannot be abrogated by an exercise of royal prerogative. [read post]
30 Nov 2016, 11:46 am
Director John Brennan warned in an interview with the BBC that abrogating the Iran deal in the next administration would be “the height of folly. [read post]
29 Nov 2016, 12:56 pm
The commander hopes Russia will decide to abrogate the “unjust verdict,” but the Kremlin has not publicly committed any military aid. [read post]
28 Nov 2016, 12:00 am
It followed that since there were no such express words in the 1972 Act or elsewhere, such power had not been abrogated. [read post]
21 Nov 2016, 1:17 pm
Thus, just as a statute could effectively overrule cases applying a former legal standard, the 2015 amendment effectively abrogated cases applying a prior version of Rule 26(b)(1). [read post]
21 Nov 2016, 1:17 pm
Thus, just as a statute could effectively overrule cases applying a former legal standard, the 2015 amendment effectively abrogated cases applying a prior version of Rule 26(b)(1). [read post]
