Search for: "ABROGATE"
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3 Mar 2015, 7:30 am
I think it’s fair to say that these are intelligence measures that strike many Americans as an abrogation of their constitutional rights. [read post]
12 Sep 2012, 12:44 pm
The long history of pervasive southern racism justified a temporary abrogation of the traditional right of states to govern their own political processes within constitutional boundaries. [read post]
7 Nov 2014, 7:45 am
The apostrophe in “The Devils’ Alliance” reveals much about his theoretical priorities: he sets out to prove the point that both Stalin and Hitler undertook, and eventually abrogated, the unholy pact not out of ideological reasons, but for cold, aggressive, Machiavellian ones. [read post]
19 Apr 2024, 6:52 pm
ATF's commentary includes the following fundamental misunderstanding of Supreme Court precedent: "In response to commenters stating that the Department should not use the Heller two-step process, the Department acknowledges that Bruen abrogated the 'two-step' framework of Heller, as 'one step too many,' and rejected the application of means-end scrutiny at the second step. [read post]
3 Oct 2013, 6:20 pm
Presently, there are no statutory provisions that structure an equivalent procedure to apply to an application for testing in the context of a motion to set aside or abrogate a finding of paternity. [read post]
8 Oct 2014, 9:00 am
Yousuf 13-1361Issue: Whether a foreign official’s common-law immunity for acts performed on behalf of a foreign state is abrogated by plaintiffs’ allegations that those official acts violate jus cogens norms of international law. [read post]
10 Mar 2015, 1:57 pm
Zarif also argued that abrogating the agreement would be a “blatant violation of international law. [read post]
2 Feb 2018, 11:16 am
Harris and subsequent decisions, which abrogated the use of special standards in deadly force cases and established “reasonableness” as the ultimate and only inquiry; and (2) whether, in light of the direct conflict with several of its sister circuits, the U.S. [read post]
20 Sep 2011, 10:00 am
AnimalFeeds, Int’l that Hall Street did not “abrogate the ‘manifest disregard’ doctrine altogether”; rather, it survived through review under section 10(a)(4) for “when the arbitrators have exceeded their powers. [read post]
16 Apr 2010, 8:28 am
Jordan Docket: 09-788 Issue: Whether the Federal Employers’ Liability Act implicitly abrogates the ordinary standards for proving negligence. [read post]
23 Jan 2012, 6:31 am
That betrayal of core principles can now be seen to have been wholly wasted as the ‘voluntary’ mask has slipped aside, making it clear that this is intended to be an abrogation of agreement, backed by the force of government. [read post]
2 Aug 2021, 7:16 am
., 922 F.2d 666, 672 (11th Cir. 1991), abrogated on other grounds by Saxton v. [read post]
5 Dec 2011, 2:38 pm
” That same year, the Texas Supreme Court unanimously ruled that the “the law prohibiting such a [common law] marriage [between a white and a black] had been abrogated by the 14th Amendment to the Constitution of the United States. [read post]
23 Jul 2007, 8:34 am
Too bad so sad A bone is, however, tossed by the court when it writes, "They do, however, underscore the seriousness of the State's concern about the abrogation of state sovereignty at stake here. [read post]
24 Mar 2017, 5:08 pm
The particular form of the statutory “serious harm” test has arguably abrogated the presumption of damage, by necessary implication – a matter currently being tested in a case before the English Court of Appeal. [read post]
10 Feb 2023, 4:21 pm
So the Maryland Legislature enacted § 3-1901.2 which abrogated the Maryland high court’s holding in Tracey. [read post]
1 Mar 2018, 11:43 am
In its conference of March 2, 2018, the court will consider petitions involving issues such as whether a state court’s denial of capital post-conviction counsel’s request for funds to conduct a mitigation investigation constitutes “cause” to overcome procedural default when the denial operated as an objective factor external to the defense, and impeded the development and presentation of an ineffective-assistance-of-trial counsel claim during the state-court proceedings;… [read post]
14 Dec 2018, 2:56 pm
The majority found that reading back in the judicial discretion to waive the surcharge that was abrogated in 2013 was the wrong approach, because it is a highly intrusive remedy, and because Parliament ought to be free to consider how best to revise the imp [read post]
18 Apr 2022, 6:08 am
However, HB 126 does not abrogate private payment agreements entered into before bill’s effective date. [read post]
24 May 2019, 7:20 am
Wade and other similar high-stakes constitutional precedents may be next in line for abrogation. [read post]
