Search for: "ABROGATE"
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6 Apr 2012, 3:20 pm
The question here was whether Congress, in passing the “self-care” provision of the Family and Medical Leave Act, validly abrogated the sovereign immunity of states. [read post]
3 Apr 2012, 4:30 am
The Court thus concluded that there is no reason to conclude that the use of "any defendant" abrogates the background rule allowing only original defendants to remove and since cross defendant's were not original defendants they were not eligible to pass go and back to state court they went. [read post]
2 Apr 2012, 6:26 pm
The question now is one not simply of abrogating a decision, but whether such an abrogation would affect itself of a "taking" under Michigan law. [read post]
30 Mar 2012, 6:47 am
Under the Court’s recent 14th Amendment jurisprudence, Congress can abrogate state sovereign immunity under Section 5 only if its legislation is sufficiently “tailored” to remedy violations of the 14th Amendment’s substantive provisions, such as the Equal Protection Clause. [read post]
29 Mar 2012, 6:23 am
The Court held that Congress lacked authority to abrogate states’ sovereign immunity because the FMLA self-care provision was not tailored to remedy or prevent discriminatory conduct violating the Fourteenth Amendment. [read post]
29 Mar 2012, 4:21 am
., 345 F.3d 154, 185 (2d Cir. 2003) abrogated on other grounds by Wachovia Bank v. [read post]
27 Mar 2012, 11:22 am
But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. [read post]
27 Mar 2012, 3:38 am
Court of Appeals of Maryland Coleman asks whether Congress had the power under the 14th Amendment to abrogate state sovereign immunity and require states to give employees time off for "self care" under the Family Medical and Leave Act. [read post]
25 Mar 2012, 9:08 am
However, there is currently a circuit split as to whether Hall Street abrogated this judicially created doctrine.A party disappointed with the decision of the arbitrator(s) will likely argue that the arbitrators acted with "manifest disregard of the law," and may also try to argue that the decision is in "manifest distregard of the facts. [read post]
24 Mar 2012, 2:04 pm
But the law in America has always been ambivalent about the duty to retreat, with about half the States at any given time recognizing the duty to retreat and about half abrogating it. [read post]
22 Mar 2012, 8:28 pm
But the law in America has always been ambivalent about the duty to retreat, with about half the States at any given time recognizing the duty to retreat and about half abrogating it. [read post]
22 Mar 2012, 5:29 am
As such, Hibbs did not support a finding that Congress intended to abrogate sovereign immunity for violations of Sec. 102’s self-care provision. [read post]
21 Mar 2012, 4:13 pm
The CWA doesn’t do so explicitly, and the justices were unwilling to imply from the CWA an abrogation of the APA’s “presumption of judicial review. [read post]
21 Mar 2012, 10:19 am
Court of Appeals of Maryland [SCOTUSblog backgrounder] on the abrogation of states' Eleventh Amendment [Cornell LII backgrounder] sovereign immunity by the self-care leave provision of the Family and Medical Leave Act (FMLA) [DOL backgrounder]. [read post]
21 Mar 2012, 9:52 am
Like the abrogation of the gold standard clauses, eminent domain is a blunt instrument, one that inevitably will be more generous to some than others. [read post]
21 Mar 2012, 9:12 am
But the provision, standing alone, is not a valid abrogation of the states’ immunity from suit, the plurality ruled. [read post]
21 Mar 2012, 5:10 am
But the provision, standing alone, is not a valid abrogation of the states’ immunity from suit, the plurality ruled. [read post]
20 Mar 2012, 1:24 pm
That footnote restated Ginsberg’s view that Congress has the power to abrogate the sovereignty of the states pursuant to the Commerce Clause. [read post]
20 Mar 2012, 10:09 am
App. today, holding that Congress lacked the power to abrogate state immunity from suits for damages for violations of the FMLA's self-care provisions. [read post]
20 Mar 2012, 9:12 am
Most of the candidates have expressed an opinion (more or less constant) on the future of the law (whether to amend it, replace it, abrogate it or keep it as it is). [read post]
