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23 May 2012, 11:08 am by Gritsforbreakfast
Moreover, it abrogates the separation of responsibilities under federalism for federal money to pay for local law-enforcement, particularly when they do it in some jurisdictions but not others.Grits happens to live in the Central East Austin Weed and Seed area and while they've sometimes funded community events with the money, I've never witnessed any public-safety benefit one could peg to the program. [read post]
23 May 2012, 6:13 am by Conor McEvily
”  Striking a similar chord is Kathleen Parker of the Washington Post, who summarizes “[t]he left’s narrative” as “[v]ote our way, Chief Justice Roberts, or you will go down in history as having abrogated your duty” – a description that Mark Tushnet describes as “silly” at Balkinization. [read post]
22 May 2012, 4:05 pm by emagraken
Dunham) was the following constitutional lesson to Government: (1)  Access to the s. 96 courts is a fundamental premise of the constitutional arrangement of Canada which cannot be materially hindered by anyone (BCGEU), including either Parliament or the legislatures, just as public and political discourse may not be abrogated by law (Alberta Reference). (2)  The mandate of the Province under s. 92(14) is to maintain, that is, to provide adequately for, the courts. [read post]
22 May 2012, 12:48 pm
Recently, there have been a number of instances where beneficiaries of charitable provisions have sought to modify the terms of bequests and abrogate the expressed desires of the decedent. [read post]
20 May 2012, 9:30 pm
  This Act hereby expressly abrogates the sovereign immunity of any State that is or may be sued for its failure to treat bonds issued by the United States government from November 27, 2012 through the enactment of this Act as fully legal and backed by the full faith and credit of the United States. [read post]
18 May 2012, 1:58 pm by Michael W. Huseman
Failure to accept the offer shall not impair or abrogate in any way the rights of the mortgagee or affect the status of the foreclosure proceedings. [read post]
16 May 2012, 10:46 am by Matthew L.M. Fletcher
., 631 F.3d 1150, 1152 (10th Cir. 2011) (“[A]n Indian tribe is not subject to suit in a federal or state court unless the tribe’s sovereign immunity has been either abrogated by Congress or waived by the tribe. [read post]
10 May 2012, 7:58 am by McNabb Associates, P.C.
The jury saw a copy of the seized set of documents - the standard court order dated March 10, 2010, accepting his plea deal, providing for no jail time and two years probation, and the surreal documents Cox used to abrogate the plea, including the paperwork for his now-famous "trial" in a Denny's restaurant before a jury of his pals in which he was acquitted. [read post]
10 May 2012, 7:58 am by McNabb Associates, P.C.
The jury saw a copy of the seized set of documents - the standard court order dated March 10, 2010, accepting his plea deal, providing for no jail time and two years probation, and the surreal documents Cox used to abrogate the plea, including the paperwork for his now-famous "trial" in a Denny's restaurant before a jury of his pals in which he was acquitted. [read post]
7 May 2012, 5:00 am by Kimberly A. Kralowec
  While "[a] question exists about whether Gentry survived the overruling of Discover Bank in Concepcion," the decision "has not been expressly abrogated or overruled," and therefore "appears to remain the binding law in California. [read post]
7 May 2012, 3:14 am by Matthew L.M. Fletcher
It changes the cause of action from a focus upon federal abrogation of the Treaty, to a focus on interpretation of the Treaty language as it was meant by the parties at the time, and as later interpreted by federal statute and cases. [read post]
6 May 2012, 6:51 am by Max Kennerly, Esq.
In the tri-state area, New Jersey used to recognize the firefighter’s rule until 1993, when it was abrogated by statute. [read post]
1 May 2012, 6:32 pm
The majority there explained that "Proposition 8 does not abrogate any of these state constitutional rights, but instead carves out a narrow exception applicable only to access to the designation of the term 'marriage,' but not to any other of 'the core set of basic substantive legal rights and attributes traditionally associated with marriage.'" See Strauss v. [read post]
27 Apr 2012, 11:44 am by Matt C. Bailey
Since it has not been expressly abrogated or overruled, Gentry appears to remain the binding law in California. [read post]
24 Apr 2012, 9:00 am by Valentina Azarov
by Valentina Azarov [Valentina Azarov is a Lecturer in International Law and Human Rights, Al-Quds Bard College, Al-Quds University, Palestine (on leave)] This is the third post of our Symposium on the Functional Approach to the Law of Occupation. [read post]
23 Apr 2012, 7:52 pm by pittsburghlawfirm
  There, however, the issue was whether the lower court erred in failing to find fraud, not whether the presumption of paternity by estoppel should be abandoned or abrogated, which did not occur until recently, in K.E.M. v. [read post]
23 Apr 2012, 7:52 pm by pittsburghlawfirm
  There, however, the issue was whether the lower court erred in failing to find fraud, not whether the presumption of paternity by estoppel should be abandoned or abrogated, which did not occur until recently, in K.E.M. v. [read post]