Search for: "ABROGATE"
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26 Jun 2023, 8:24 am
This holding abrogates the more favorable Third Circuit holding in In re Dorsainvil, 119 F. 3d 245, 251 (3d. [read post]
23 Jun 2023, 10:45 am
The revisions to Circuit Rule 4-1 (Counsel in Criminal Appeals) clarify the scope and application of the rule with respect to the responsibilities of counsel (both retained and appointed) in criminal and habeas corpus appeals, and abrogate subsection (f), payment of appointed counsel, which will be replaced by a separate CJA Plan for the Court of Appeals. [read post]
23 Jun 2023, 6:18 am
However, the court found that it was not so simple for the Supervision Departments and held that Luke's allegations satisfied step one of the abrogation test. [read post]
22 Jun 2023, 1:19 pm
In doing so, it abrogated the Eighth Circuit's contrary precedent, which the Western District of Missouri and the Eighth Circuit had applied in Jones' trial and direct appeal…. [read post]
22 Jun 2023, 10:04 am
Mindful of the risk that those contractual commitments may not count for much if abrogated by overriding laws and practices in the country of the data importer, the European Data Protection Board—comprising each of the EU member state data privacy supervisory authorities—released guidance as to when EU data can be transferred internationally, under what conditions, and what “supplementary measures” could be utilized to legally effect the transfer. [read post]
21 Jun 2023, 8:22 am
The Bankruptcy Code abrogates sovereign immunity of “governmental unit[s]. [read post]
19 Jun 2023, 10:36 am
Law review editors, lawyers, and paralegals are trained to check whether cited legal authorities have been overruled or otherwise abrogated. [read post]
17 Jun 2023, 6:03 pm
The question presented concerned abrogation of tribal sovereign immunity. [read post]
17 Jun 2023, 7:57 am
Although these are now codified through formal instruments such as the Geneva Conventions, they are much older, and, for the most part, codify emergent norms that, in some instances, existed for hundreds of years prior to World War II; which were abrogated during that war; and which the victorious powers sought to codify in its aftermath having experienced the horrors caused by their abrogation. [read post]
16 Jun 2023, 12:47 pm
But those elements are absent from the Hobbs Act’s unambiguous statutory definition of “robbery,” and the Court acknowledged today that Nedley has been abrogated by intervening Supreme Court precedent. [read post]
16 Jun 2023, 11:28 am
In an 8-1 decision, the Court found that when Congress abrogates tribal sovereign immunity, it must do so through a clear statement of congressional intent. [read post]
15 Jun 2023, 8:55 pm
Reinert claims that, in this lost text, the act exlicitly abrogated common-law immunities. [read post]
15 Jun 2023, 3:20 pm
Coughlin (2023)—Justice Gorsuch wrote a solo dissent, finding that the Bankruptcy Code did not abrogate tribal sovereign immunity. [read post]
15 Jun 2023, 12:32 pm
Therefore, [the statute] unmistakably abrogates their sovereign immunity too. [read post]
15 Jun 2023, 10:23 am
It would demand a clear statement for abrogation and then say that abrogation wasn't possible after all, for example. [read post]
15 Jun 2023, 7:05 am
Here is the opinion in Lac du Flambeau Band of Lake Superior Chippewa Indians v. [read post]
15 Jun 2023, 6:30 am
” The abrogation of Chisholm by constitutional amendment was, on Fritz’s view, an exercise of state resistance in both procedural terms (the states ratified the Eleventh Amendment) and substantive terms (the amendment enshrined sovereign immunity in the Constitution). [read post]
14 Jun 2023, 7:14 am
What the circuit court and the parties fail to recognize is that the 1979 Guidelines were explicitly abrogated and replaced by the BIA when it promulgated the 2016 Guidelines. [read post]
13 Jun 2023, 12:42 pm
If such a fraudulent purchase amounts to both larceny and false pretenses, this could arise only by virtue of a legislative abrogation of the common law distinction between the offenses. [read post]
10 Jun 2023, 2:22 pm
That right cannot be abrogated by a party’s assertion of legal obligations under foreign law, including a party’s desire to avoid paying fines to which it might be subject under foreign law. [read post]
