Search for: "ABROGATE"
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7 Oct 2009, 11:52 am
App. 276, 549 S.E.2d 624 (Virginia Court of Appeals 2001), it found that the Virginia legislature adopted the credit card theft statute in order to “create `a very distinct offense, different from and in abrogation of the common law offense of larceny. [read post]
25 Oct 2022, 5:06 pm
Under the Taliban, rights and freedoms were effectively abrogated, young girls were banned from going to school, various institutions were forced to shut down, and men and women were openly flogged. [read post]
4 Jun 2019, 7:14 am
The statute on defense of person does not contain such a provision, but it also does not state that it abrogates common law rights. [read post]
29 Jan 2024, 6:19 pm
Unless or until this Court abrogates the presumption of paternity in a case where that issue is preserved and fully developed, courts in this Commonwealth shall apply the presumption of paternity in the limited circumstance where its purpose to preserve marriage is advanced. [read post]
30 May 2010, 2:15 pm
The Construction Defect Action Reform Act specifically states that it is not intended to abrogate or interfere with express construction warranties or the warranty process. [read post]
3 Mar 2016, 11:21 am
“It is well established that maintenance is an inviolable obligation that the employer owes to an injured seaman and a duty that cannot be abrogated. [read post]
10 Apr 2018, 7:46 am
” The state argues that abrogating the physical-presence requirement is now essential to eliminate arbitrary and unclear results, promote interstate commerce, and avoid important, ongoing, and unjustifiable harms to the states. [read post]
2 Apr 2010, 12:38 am
In one case (Hibbs), the federal abrogation of sovereign immunity was upheld, partly because the federal law involved a state practice (sex discrimination) that was already unconstitutional. [read post]
1 Nov 2018, 6:52 pm
The latter part of this argument may be balanced by the claim in HS2 that some Acts, such as the Bill of Rights, may be so important constitutionally that later Acts such as the European Communities Act 1972 may not in fact have been intended to abrogate it [207]. [read post]
20 Apr 2016, 11:33 am
Kennedy, author of Pauley, would find that the recreational user statute totally abrogates the common law premises-liability doctrine, and thus would uphold summary judgment in favor of ODNR. [read post]
26 Aug 2021, 10:00 am
” Five years later, it enacted a new federal copyright act that “abrogated the distinction between published and unpublished works so that parties no longer had to walk the line between state and federal copyright protection. [read post]
18 Apr 2017, 9:01 pm
The duty of a parent to support his or her child shall not be eliminated or diminished by the terms of a separation agreement, nor can it be abrogated by contract. [read post]
10 Feb 2007, 4:35 pm
The Board determined that the parties’ stipulation to the contrary (the parties agreed that failing to state the basis for an objection would not waive the objection) abrogated Guideline 3 and was, thus, not proper. [read post]
8 Mar 2012, 11:26 pm
To me, this kind of account offers a much richer and more persuasive explanation of the problem of DRM than simply articulating how it abrogates freedom of expression or reasonable expectations of privacy. [read post]
19 Mar 2015, 7:03 am
Amber’s Arguments First, Amber asserts that Three Rivers’ immunity is abrogated under R.C. 2744.02(B)(1) due to Krimmer’s negligent operation of the bus. [read post]
26 Apr 2010, 12:34 pm
Fifth, different types of cases will result in divergingfrequencies with which the district court will properly invoke its discretion to abrogate discovery.Slip op. at 34-35. [read post]
10 Feb 2010, 9:23 am
Smith, 494 U.S. 872 (1990), effectively abrogates the ministerial exception. [read post]
21 Jun 2020, 5:13 am
And a general interest in juror candor and privacy cannot justify abrogating the public trial right; rather, a closure can be justified only if it satisfies the Waller test, a test that was not used by the lower court to support the closure in this case. [read post]
6 Jan 2013, 9:57 pm
The principle of sovereign immunity from which a municipality's immunity for "governmental" functions derives cannot serve as the basis for the qualified privilege respondent city claims under § 1983, since sovereign immunity insulates a municipality from unconsented suits altogether, the presence or absence of good faith being irrelevant, and since the municipality's "governmental" immunity is abrogated by the sovereign's enactment of a statute such as § 1983 making it amenable… [read post]
16 Apr 2016, 4:37 am
., 319 F.3d 243 (6th Cir. 2003) (abrogated on other grounds), for the premise that ‘[a]n infringing domain name has the potential to misdirect consumers as they search for web sites associated with the owner of a trademark. [read post]
