Search for: "ABROGATE"
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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]
9 Jun 2023, 12:34 pm
Given the importance of the right to trial by jury, contractual provisions that abrogate that right will continue to be hotly debated and litigated. [read post]
1 Jun 2023, 2:23 pm
Ct. 792 (2021), asserting abrogation of the Ninth Circuit's ruling on redressability. [read post]
26 May 2023, 1:00 pm
In Royal Borough of Kensington and Chelsea v Bafna-Louis, 2023 WL 2387385 (S.D.N.Y., 2023) the Royal Borough of Kensington and Chelsea (the “RBKC”) brought a petition for the return of CBL and Baby L to the United Kingdom pursuant to the Hague Convention. [read post]
24 May 2023, 2:28 pm
The post “Another Failure to Apply the Amended Rule 3(c); Another court of appeals has relied on abrogated caselaw rather than the recently amended Rule 3(c) to limit the scope of an appeal” appeared first on How Appealing. [read post]
17 May 2023, 9:01 pm
In Percoco, the Court held that a private citizen does not owe the public a duty to provide honest services simply because he has strong influence over government decisions, again abrogating contrary Second Circuit precedent. [read post]
15 May 2023, 12:30 pm
Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward. [read post]
15 May 2023, 12:30 pm
Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward. [read post]
