Search for: "ABROGATE"
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26 Jan 2023, 7:36 am
Muth, 491 U.S. 223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text. [read post]
25 Jan 2023, 11:37 am
By statute, the common law is declared to be in force within this State except where it has been abrogated, been repealed, or become obsolete. [read post]
23 Jan 2023, 2:29 pm
NIFLA did not abrogate Pickup to the extent that Tingley contends it did. [read post]
20 Jan 2023, 5:16 am
” The “Flatow Amendment '' established a cause of action against the agencies and instrumentalities of states whose sovereign immunity had been abrogated under AEDPA. [read post]
19 Jan 2023, 2:36 pm
" … The constitution … confers exclusively upon the Legislature the power to abrogate common law and restrict local government power. [read post]
16 Jan 2023, 5:18 pm
.) -- on reconsideration, ruling that: (1) plaintiff’s motion for attorney’s fees and costs would be deemed timely filed due to “unique circumstances” and lack of prejudice to HUD; (2) court clearly erred in citing Second Circuit case that was abrogated by 2007 statutory amendment endorsing “catalyst theory” for recovering fees; and (3) plaintiff failed to prove that records were released more quickly because of its lawsuit; HUD diligently responded to… [read post]
13 Jan 2023, 9:17 pm
We conclude that any common-law right to surplus equity recognized in Farnhamhas been abrogated by statute. [read post]
13 Jan 2023, 3:13 pm
Coughlin, involving whether the Bankruptcy Code unequivocally expresses Congress’s intent to abrogate the sovereign immunity of Native American tribes; and Yegiazaryan v. [read post]
13 Jan 2023, 10:20 am
Indeed, some of the justices think that the Constitution quite narrowly limits congressional power to abrogate that immunity – occasionally the court invalidates a statute that abrogates state sovereign immunity as intruding unduly on the position of the states in the federal union. [read post]
12 Jan 2023, 3:49 pm
Elle se limite à préciser à son art. 10 al. 1, 2e phrase - abrogé au 31 décembre 2017 et depuis repris presque mot pour mot par le nouvel art. 10 al. 1bis LTVA (RO 2017 3575) - qu'une personne exploite une entreprise lorsqu'elle exerce à titre indépendant une activité professionnelle ou commerciale en vue de réaliser, à partir de prestations, des recettes ayant un caractère de permanence et… [read post]
12 Jan 2023, 7:00 am
The Patent Eligibility Restoration Act of 2022 (PERA), introduced by Senator Thom Tillis (R-NC) in August 2022, is designed, among other things, to abrogate the Supreme Court’s patent eligibility decisions in Bilski, Mayo, Myriad and Alice. [read post]
12 Jan 2023, 2:07 am
Steyn J rejected the existence of a common law right of excusal and held that the statutory right of excusal in section 405 of the Education Act 1996 (Exemption from sex education) had been abrogated by the 2021 Act. [read post]
11 Jan 2023, 2:40 pm
Coughlin presents the question whether Congress unequivocally abrogated tribal immunity in the Bankruptcy Code. [read post]
10 Jan 2023, 5:03 am
The board pitches the dispute as just another in a long line of cases skeptically reviewing claims that federal statutes abrogate the sovereign immunity of state governments. [read post]
9 Jan 2023, 9:53 am
Here, the Kohler Act went too far because it abrogated the Pennsylvania Coal Company’s property and contract rights—and not in a way that stopped the Company from externalizing the costs to neighbors of a nuisance use on their part. [read post]
9 Jan 2023, 5:31 am
On Dec. 13, 2022, the Israeli Supreme Court published a 51-page judgment in Kohelet Forum v. [read post]
3 Jan 2023, 6:08 am
It is an unfortunate abrogation of responsibility. [read post]
29 Dec 2022, 12:12 pm
App. 2d 734, 740-41 (1936), abrogated on other grounds as recognized by Hughes v. [read post]
14 Dec 2022, 1:19 pm
Challenges to the existing constitutional order in Canada are not new. [read post]
2 Dec 2022, 6:00 am
Cooper, which found that the Copyright Remedy Clarification Act was an unconstitutional abrogation of state sovereignty for the purposes of holding state entities liable for copyright infringement…” [read post]
