Search for: "ABROGATE"
Results 2581 - 2600
of 3,072
Sort by Relevance
|
Sort by Date
31 Mar 2010, 3:22 pm
The question before the Court was whether MCL § 330.1946 completely abrogated the common-law duty of a mental-health professional to warn or protect others, including patients. [read post]
30 Mar 2010, 1:51 am
This article examines and criticizes these and other surreal doctrines in the Court’s decisions, and argues that the Court must abrogate its expansion of Apprendi doctrine to restore most issues of sentencing policy to non-constitutional status. [read post]
26 Mar 2010, 1:30 pm
Of course, those findings, must be applied as the s 65DAA process requires; The abrogation or curtailment of parental responsibility with respect to long term issues involves a serious interference with fundamental rights and that is a factor which ought often be taken into account in assessing whether the best interests require the rebuttal of the presumption. [read post]
23 Mar 2010, 8:01 pm
Dungo, 98 Cal.Rptr.3d 702, 711 n. 11 (Cal.App. 2009), concluding that Melendez-Diaz, abrogated Geier.So, the legal "foundation" in Meekins [and now, Brown], simply no longer exists.Finally, if there was any question that the CoA's jurisprudence is wrong, it seems that the Court [and no doubt counsel] overlooked the seminal NY case, which Justice Scalia cited in M-D, People v. [read post]
22 Mar 2010, 12:54 pm
Div. 2000), does not abrogate the principle enunciated in Mohamed v. [read post]
17 Mar 2010, 3:45 am
Judge Shubb first addressed the applicability of the amendments of the 2009 Fraud Enforcement Recovery Act on the False Claims Act, and concluded, like prior courts, that in the Act’s section abrogating the Supreme Court’s decision in the Allison Engine Co. case, the term “claims” could refer only to claims for payment submitted to the government which were pending on the date of the Act; accordingly, the FERA amendments did not apply to the case. [read post]
15 Mar 2010, 1:12 pm
On the other side, amid a political firestorm, President Obama told his Treasury Department to “pursue every single legal avenue” to abrogate or limit the company’s payment obligations. [read post]
15 Mar 2010, 9:11 am
But obviously the punishment is issued more often than in just those narrow circumstances, and there have been a significant number of Texecutions I thought were unnecessary and unjustified.I also believe there is value in respecting and abiding by majority rule (within limits, where minority rights aren't abrogated), even when one disagrees with their views. [read post]
12 Mar 2010, 3:49 am
" Ultimately the grievance was submitted to arbitration.The arbitrator sustained the grievance, finding that the Authority’s "inflexible and across-the-board requirement that employees must always use annual leave for medical leave purposes . . . can lead to a complete abrogation of an employee's vacation rights [under the CBA]. [read post]
11 Mar 2010, 2:25 pm
Therefore, the Court concluded that the ACMA did not preempt or abrogate either the statutory or common-law claim of conversion. [read post]
4 Mar 2010, 6:09 am
Editor’s Note: Robert Monks is the founder of Lens Governance Advisors, a law firm that advises on corporate governance in the settlement of shareholder litigation. [read post]
3 Mar 2010, 2:30 pm
In denying defendant's motion for summary judgment pursuant to the Graves Amendment, Suffolk County Supreme Court Justice Peter Fox Cohalan ruled that Hub had failed to carry its initial motion burden of establishing that it was not negligent: Vicarious liability is not abrogated where the injury or damages results from the negligence of the owner’s employee in the operation or maintenance of the vehicle, nor where it seems the owner was negligent [read post]
3 Mar 2010, 12:04 pm
Justice Alito also challenged the lawyer’s overall argument about individual liability, noting that “it’s something of a mystery that the FSIA doesn’t say anything at all about this form of [individual] immunity: doesn’t codify it, doesn’t abrogate it, doesn’t preserve the preexisting law. [read post]
3 Mar 2010, 3:00 am
I wouldn't like the idea of having to rat my clients' driving out to the RMV (such a law would represent an unprecedented abrogation of attorney-client privilege) and I don't think doctors should have to do it either. [read post]
2 Mar 2010, 8:15 am
In so holding, the majority effectively abrogates every rape-shield statute in this circuit….I do not believe that there is any such constitutional right to present evidence of a rape victim’s promiscuity or past willingness to engage in sex acts, nor do I believe that the majority is justified in its condemnation of the rape-shield concept. [read post]
1 Mar 2010, 8:07 am
Ze are zo many zings a goffernment can do Government has the sovereign power, which inherently cannot be bound, so that government can if it chooses abrogate contracts with relative impunity, or repudiate its debts via sovereign bankruptcy, or more subtly, it can devalue its currency through inflation, the young’s revenge on the old for their previous profligacy. [read post]
26 Feb 2010, 1:05 pm
Bitzer, a decision upholding Congress’s Fourteenth Amendment power to abrogate the States’ sovereign immunity through Title VII of the Civil Rights Act of 1964, the Court summarized its understanding of Congressional enforcement powers as follows: “There can be no doubt that this [Court] has sanctioned intrusions by Congress, acting under the Civil War Amendments, into the judicial, executive, and legislative spheres of autonomy previously reserved to the States. [read post]
26 Feb 2010, 10:42 am
The Third Circuit's opinion represents not only a judicial abrogation of a statutory remedy but also a trou [read post]
18 Feb 2010, 11:22 pm
In a court filing (Blake J Robbins v Lower Merion School District), the parents of student Blake Robbins are suing the school district for: invasion of privacy theft of personal information violation of the Electronic Communications Privacy Act abrogating the Computer Fraud Abuse Act abridging the Stored Communications Act running afoul of section 1983 of the Civil Rights Act and ignoring the 4th Amendment to the United States Constitution the Pennsylvania Wiretapping and Electronic… [read post]
18 Feb 2010, 6:01 am
But these judgments do not abrogate Article 124(2) and the President's privilege to consult the CJI and other Judges independently of the Collegium's recommendation, to consider appointments of eligible persons, whom the Collegium may have overlooked. [read post]
