Search for: "ABROGATE"
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28 Feb 2011, 9:33 pm
By allowing any person to sue and then receive half of the damages, the law abrogates the executive power to enforce the law and places it in the exclusive hands of the private attorney. [read post]
28 Feb 2011, 9:01 pm
Katz, the Court acknowledged that Congress’s power under the bankruptcy clause permitted an abrogation of State sovereignty, and that the bankruptcy trustee had properly set aside preferential transfers from the Debtor-municipality in a Chapter 9. [read post]
28 Feb 2011, 3:15 pm
The dissent sees this as an abrogation of the workers’ compensation compromise by allowing an employee who has sought and received full compensation to come back and seek more damages from the employer on a technical point. [read post]
23 Feb 2011, 3:23 pm
In a post earlier today, Bill Otis describes the Clinton Administration's attempt to subvert the Act of Congress that sought to abrogate the Miranda rule. [read post]
20 Feb 2011, 9:05 pm
”), abrogated in part on other grounds by Commonwealth v. [read post]
19 Feb 2011, 6:32 pm
He has abrogated his professional responsibility for political expediency. [read post]
19 Feb 2011, 2:26 pm
However, as this decision recognizes, those cases were abrogated by the Supreme Court in Abbot v. [read post]
17 Feb 2011, 5:48 pm
As Chief Justice Roberts put it in his Citizens United concurrence, "abrogating the errant precedent, rather than reaffirming or extending it, might better preserve the law’s coherence and curtail the precedent’s disruptive effects. [read post]
17 Feb 2011, 6:28 am
Morozov's book challenges us to acknowledge ethical issues inherent in software design choices (or abrogation of responsibility for choice) made by social media services on which dissidents in repressive regimes come to rely. [read post]
14 Feb 2011, 11:17 am
Basically, the trial judge's argument is:Common Law = ALegislature does not abrogate common law.Common Law = A(Post 2 of 4: Post 3 at 6 p.m. [read post]
11 Feb 2011, 8:30 pm
The issue also includes this article advocating a statutory procedure under which a deployed accused’s right to civilian counsel can be abrogated. [read post]
8 Feb 2011, 6:37 am
If UCLA argument is successful, it would suggest a broader rule, that contracts that abrogate fair use and other aspects of copyrights exclusive rights scheme would always be preempted. [read post]
2 Feb 2011, 10:59 pm
Thus, warned the judge, the Court must tread especially carefully where an organ of the state proposes that a citizen’s ability to perform, in a non-abusive way, the sex function should be abrogated or curtailed. [read post]
2 Feb 2011, 8:40 am
MCL 600.2166, Michigan's Dead Man's Statute, provides that In an action by or against a person incapable of testifying, a party's own testimony shall not be admissible as to any matter which, if true, must have been equally within the... [read post]
2 Feb 2011, 6:37 am
Nothing in the Court's opinion in Dean abrogates, or in any way modifies, the PLA's long-understood requirement that a plaintiff alleging a product is defective or dangerous must also allege [physical or mental] "harm" . . . . [read post]
2 Feb 2011, 2:43 am
They fought to abrogate his right to be represented on appeal. [read post]
1 Feb 2011, 3:53 am
Court of Appeals, Second Circuit, as authority for its determination.In Hale the Circuit Court said that FMLA’s abrogation of states’ sovereign immunity to suits regarding employees’ own health conditions exceeded Congress’s power under the Fourteenth Amendment.Judge Gleeson also commented that Lambert’s FMLA claim against the individual defendants was inappropriate, noting a decision by the Eleventh Circuit holding that individual state officers are not… [read post]
31 Jan 2011, 7:05 am
"[Plaintiff] points to no authority that Congress has expressly abrogated tribal sovereign immunity with respect to the enforcement of patents. . . . [read post]
29 Jan 2011, 4:19 pm
Some case law is worth reading. [read post]
21 Jan 2011, 3:23 pm
That's wacky in a period of recession--we need competent federal employees, it costs more to hire and train new than to retain old, and freezing pay for 5 years across-the board (without regard to increased workload becaus of the no-hire policy) abrogates the contractual relationships that the Republicans treat as sacrosanct in other circumstances (i.e., when it involves the rights of the wealthy/managers/big business--just remember the KPMG issue about providing the most… [read post]
