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18 Mar 2013, 6:30 am
Hitchcock (1903), that Congress had the right to unilaterally abrogate Indian treaties.Finally, we discussed yet another legal framework of expansion that made empire possible in the late-nineteenth and early nineteenth century: the Northwest Ordinance of 1787. [read post]
12 Mar 2013, 4:00 am
Abrogation of Private Contracts The Railroad Commission may amend or abrogate surface use protections in pre-existing oil and gas leases that conflict with unit operations so as to prevent or render operations uneconomical. [read post]
6 Mar 2013, 3:43 pm
Her reporting of the offense to gain a plea was not a constitutional violation that abrogated or excused the appeal waiver. [read post]
6 Mar 2013, 6:05 am
Vogel, Rethinking the Effect of the Abrogation of the Dakota Treaties and the Authority for the Removal of the Dakota People from Their Homeland Lenor A. [read post]
1 Mar 2013, 9:51 am
Justice Alito sought to highlight the potential cost of essentially abrogating the limitations period on a plausible showing of innocence by asking how many prisoners in Michigan would claim to be actually innocent. [read post]
27 Feb 2013, 5:00 am
The court determined that Plaintiff could not prove an abrogation of the Duty to Intervene because he could not satisfy the “something more” test. [read post]
19 Feb 2013, 8:14 am
Most court watchers agree the state has obligations to disclose potentially exculpatory evidence to the defense, though DAs differ from county to county have widely different definitions of what constitutes an "open file" policy.In the past, the sticking point has been opposition by the defense bar to the "reciprocal" aspect of the bill, believing the practice abrogates the defendant's Fifth Amendment right against self incrimination. [read post]
15 Feb 2013, 7:43 am
Of greater consequence, Noel Canning potentially abrogates every NLRB decision since January of 2012, including: Costco Wholesale Corp., 358 NLRB No. 106 (Sept. 7, 2012) (employer’s “social media policy” prohibiting electronic postings that “damage the Company, defame any individual or damage any person’s reputation” held unlawful); Karl Knauz Motors, Inc., 358 NLRB No. 164 (Sept. 28, 2012) (employer’s rule prohibiting “disrespectful”… [read post]
14 Feb 2013, 8:08 pm
There was no legal authority suggesting that the insurance code had abrogated a common law action for fraud. [read post]
6 Feb 2013, 9:09 am
By Daniel RichardsonIn re Application for Search Warrants, 2012 VT 102.Here is the problem facing the SCOV in today’s decision. [read post]
6 Feb 2013, 8:00 am
Concepcion abrogates California's Broughton-Cruz rule that actions for public injunctive relief are not subject to arbitration. [read post]
5 Feb 2013, 3:44 pm
There’s certainly a lot to say about the DOJ white paper on targeted killings, much of which has been said already (and well) by others (see Raff’s “Headlines and Commentary” post for links). [read post]
1 Feb 2013, 9:42 am
Every now and then we run into a decision that we think is wrong in so many different ways that we call it an example of “spherical error” – that is, error no matter how one looks at it. [read post]
31 Jan 2013, 8:49 am
Sometimes you hear Lawyers claiming that they provide "ethical representation" in their advertising. [read post]
30 Jan 2013, 1:47 pm
Hicks, 189 S.W.3d 526, 530 (Ky. 2006).In Louisiana, Kansas and Ohio, comprehensive tort reform statutes have abrogated negligence per se in product liabilty cases. [read post]
28 Jan 2013, 7:46 am
Bishop’s report was to be admitted… [32] As a result of his position concerning terms, which in my respectful view seeks to constrain the outcome of the application to the defendant’s greatest advantage, I conclude that the defendant cannot meet the requirements of Rule 11-7(6)(b). [33] Lastly, turning to sub-rule (c), as Savage J. noted in Perry, there must be some… [read post]
20 Jan 2013, 9:00 pm
The New York Senate has largely abrogated its responsibility in the [read post]
14 Jan 2013, 5:11 pm
Finally, Pendergrass departed from established California law at the time it was decided, and neither acknowledged nor justified the abrogation. [read post]
14 Jan 2013, 5:11 pm
Finally, Pendergrass departed from established California law at the time it was decided, and neither acknowledged nor justified the abrogation. [read post]
14 Jan 2013, 1:56 pm
” (pg. 126) To supply the answers to the rhetorical questions Adams poses: a government of law is what we ought to desire, and therefore, Magna Charta, as opposed to its capricious abrogation at the hands of lawless English kings, is the model for our constitutionalism. [read post]
