Search for: "ABROGATE"
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14 Aug 2007, 7:07 am
But Seana Shiffrin argues that the Supreme Court's punitive damages jurisprudence leads to the conclusion that such late fees are unconstitutional if they're too high, since they can only be imposed by legislative abrogations of the traditional rule against punitive damages in contract. [read post]
19 Jan 2012, 9:01 am
The question before the Court is whether Congress, in passing the “self-care” provision of the Family and Medical Leave Act, validly abrogated the Eleventh Amendment sovereign immunity of states. [read post]
14 Apr 2022, 4:57 am
Here: Snoqualmie Cert Petition.pdfDownload Questions presented: Whether the federal courts have the constitutional authority to unilaterally abrogate all rights guaranteed to an Indian tribe under a treaty with the United States absent congressional action.Whether the Ninth Circuit erred by applying issue preclusion to hold that Snoqualmie was not a party to the Treaty even though the Executive Branch expressly recognizes Snoqualmie as a Treaty party.Lower court materials here. [read post]
18 Dec 2013, 8:06 am
Here is the opinion: Michigan v SSM CA6 Opinion An excerpt: Because the State is not suing to enjoin a class III gaming activity, but instead a trust submission under MILCSA, § 2710(d)(7)(A)(ii) of IGRA does not abrogate the Tribe’s sovereign immunity, and the district court lacked jurisdiction. [read post]
23 Mar 2020, 11:43 am
If Congress cannot abrogate for patents, as Florida Prepaid established, it cannot abrogate for copyrights, and for the same reasons. [read post]
27 Feb 2022, 3:27 am
The book tells the astonishing (to me at least) story of the abrogation of gold clauses in US corporate and government bonds in 1933 and how that abrogation is then upheld by at 5-4 vote of the US Supreme Court in 1935. [read post]
12 Jul 2013, 10:27 am
., 295 Md. 442, 444, 456 A.2d 894 (1983), addressed whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place. [read post]
6 Nov 2019, 1:40 pm
An ordonnance may amend or entirely abrogate prior legislation. [read post]
23 Apr 2023, 1:08 pm
Bremerton</i> Abrogated <i>Engel v. [read post]
26 Jun 2022, 1:16 pm
[The Court abrogated a decade of circuit court precedent, and vitiated mountains of Second Amendment scholarship.] [read post]
31 Mar 2010, 3:22 pm
The question before the Court was whether MCL § 330.1946 completely abrogated the common-law duty of a mental-health professional to warn or protect others, including patients. [read post]
1 Aug 2007, 3:44 am
And by abrogating that law it also repealed all those facilities contained in it. [read post]
23 Apr 2012, 8:10 am
The Court considered whether the criminal statute abrogated that common-law right, and it held that it does not. [read post]
28 May 2019, 1:15 pm
Senators Coons and Tillis and a group of Representatives recently proposed an admirable piece of legislation to amend the Patent Act to abrogate Supreme Court Section 101 cases on patent eligible subject matter. [read post]
3 May 2018, 7:41 pm
Agricultural Labor Relations Board 17-1375 Issue: Whether California may impose a contract on one private employer and its employees through non-consensual, compulsory arbitration—thereby abrogating the workers’ rights to determine their own bargaining representative—without violating the due process and equal protection clauses of the Fourteenth Amendment. [read post]
22 Mar 2008, 10:07 am
[JURIST] Ousted Pakistani Chief Justice Iftikhar Mohammad Chaudhry [JURIST news archive] has characterized Pakistan's February parliamentary elections which resulted in the victory of opposition parties now joined in a coalition government as a popular verdict in favor of the country's constitution, abrogated in November when President Pervez Musharraf proclaimed emergency rule in the country and [read post]
16 Aug 2019, 10:15 am
This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to precedential PTAB opinions; China announced that it will create a credit rating mechanism for patent agents; Russ Slifer Op-Ed revives 101 debate; the FCC will approve the proposed T-Mobile/Sprint merger; amicus briefs filed at the Supreme Court support the abrogation of state sovereign immunity against copyright claims; Nintendo… [read post]
25 Aug 2006, 12:07 pm
Supreme Court’s 2003 Hibbs decision had found that FMLA’s family-care provisions validly abrogated state [...] [read post]
10 Dec 2017, 5:15 am
It is also undisputable that such power may be abrogated, limited or qualified only by the express and unequivocal action of Congress. [read post]
1 Sep 2021, 1:15 pm
Copyright Office produced a similar, much lengthier report, also in response to a letter from Tillis and Leahy, studying whether there is sufficient basis for federal legislation abrogating State sovereign... [read post]
