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19 May 2015, 4:08 am
Following up on my previous post, Two William Mitchell Law Profs Sue Over Abrogation of Tenure in Merger With Hamline Law School: Minneapolis Star-Tribune, Professors Drop Lawsuit Against William Mitchell in Tenure Fight: Two William Mitchell College of Law professors are dropping their lawsuit against the school, ending an ugly... [read post]
14 May 2015, 9:03 am
Texas trial lawyers' BS detectors have to be periodically re-calibrated to avoid overheating when coping with volleys of opinions from the high court that abrogate rights and remedies, deny ordinary people their day in court, and already put many of their peers out of business on both sides of the docket. [read post]
10 May 2015, 5:48 pm
NEWEST ADDITION TO HECHT COURT'S IMMUNITY JURIS(MAL)PRUDENCE: DRUNK DRIVER IMMUNITY Here is yet another example of the Texas Supreme Court's penchant for creating and invoking immunity theories to deny plaintiffs their day in court against a party that caused injury, and thereby preventing a trial on the merits and recovery of damages from the tortfeasor proven to have committed the tort. [read post]
5 May 2015, 3:26 pm
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
5 May 2015, 3:26 pm
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
5 May 2015, 1:26 pm
The bill provides that the new provisions, effective for trials commencing on or after October 1, 2015, shall not “be construed as an abrogation of any State or federal constitutional or statutory right otherwise applicable in criminal cases with the exception of the right to a jury trial in district court. [read post]
23 Apr 2015, 11:22 am
But in 1215 Magna Carta was a failure, abrogated within months. [read post]
23 Apr 2015, 5:51 am
” Anti-Indian activists use this same language in their quest to terminate tribal governments and abrogate all treaties. [read post]
22 Apr 2015, 11:25 pm
LEGISLATIVE INFRINGEMENT ON RIGHT/REMEDIES AVAILABLE UNDER THE COMMON LAW The open-courts provision prohibits arbitrary or unreasonable legislative action that abrogates well-established, common-law remedies. [read post]
21 Apr 2015, 10:57 am
Windsor allows states to decide whether to recognize out-of-state same-sex marriages, and that the Final Rule invalidly attempts to abrogate the States’ sovereign immunity and thus “flies in the face” of the Supreme Court’s decision. [read post]
15 Apr 2015, 10:01 pm
“FDA’s current system for GRAS is … an abrogation of its responsibilities under the FAA, and undermines consumer confidence in food additive safety,” wrote the consumer groups. [read post]
11 Apr 2015, 9:01 am
(Ben Depoorter has an interesting piece on this, for example, where he argues the "[eBay] Court abrogated the well-established property rule entitling a patent holder to an absolute right to exclude and replaced it with a conditional property rule, which awards protection for patents based on the outcome of a balancing test completed at trial. [read post]
9 Apr 2015, 10:01 am
Davis, 275 F.3d 849 (9th Cir. 2001), abrogated on other grounds by Johnson v. [read post]
9 Apr 2015, 8:08 am
Its only acknowledgment of the abrogation of Baker’s time with N. was a fleeting observance that the child’s out-of-state schooling would affect the parents equally. [read post]
6 Apr 2015, 7:05 am
This Court, however, need not determine whether the statute abrogates sovereignty, as Respondents have waived their sovereign immunity and consented to be sued in federal court. [read post]
5 Apr 2015, 8:46 pm
The district court then used the (abrogated) analysis of the Ninth’s Aguila-Montes de Oca, and applied a modified categorical analysis. [read post]
5 Apr 2015, 2:25 pm
Story here. [read post]
5 Apr 2015, 7:00 am
Following up on my previous post, William Mitchell and Hamline Law Schools to Merge Amidst Enrollment Declines: Minneapolis Star-Tribune, Merging Law Schools Causes Tenure Fight at William Mitchell: Two professors at William Mitchell College of Law have accused the school of proposing unacceptable changes to its tenure policy in order... [read post]
3 Apr 2015, 9:47 am
Constitution, impermissibly abrogates state sovereign immunity, and wrongfully preempt state laws that limit recognition of out-of-state marriages to opposite-sex unions. [read post]
2 Apr 2015, 4:00 am
In Kolbe the Court of Appeals held that the relevant collective bargaining agreements [CBAs] “establish a vested right to a continuation of the same health coverage under which plaintiffs retired, until they reach age 70, and that the Insurance Moratorium Law does not provide a basis for abrogating retirees' vested contractual rights. [read post]
