Search for: "ABROGATE"
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22 Jan 2009, 10:35 am
There was one extraordinarily powerful example of what they seemed to be getting at, an example that combined almost all the heterogeneous elements of their aspirations, the abrogation of the law of employers liability (including its defenses) and the adoption of workers compensation in its place during the first three decades of the 20th century. [ fortunately a plethora of outstanding socio-legal historians have plumbed this topic including Lawrence Friedman (article with Jack… [read post]
18 Jan 2009, 6:30 am
§15A-401(d) abrogated any public officer immunity for the use of deadly force by creating a state-law privilege for the use of deadly force but specifically providing that nothing in the statute justified willful, malicious or criminally negligent conduct or excused or justified the use of unreasonable or excessive force. [read post]
15 Jan 2009, 10:21 am
Cir. 1999)(abrogated by Bilski)). [read post]
9 Jan 2009, 10:33 am
He traces important currents of political thought which underlay this concept and shaped its trajectory, from Revolutiony ideology, through the Constitutional Convention and its ratification debates, the Civil War amendments and beyond, pointing to slavery's abrogation of marriage and family rights and to state attempts to proscribe contraception as events which ultimately led the Supreme Court to take seriously gender as a classification arguably as important as race. [read post]
7 Jan 2009, 4:10 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]
6 Jan 2009, 2:37 am
” The court reasoned that it was unlikely that when Congress crafted McCarran-Ferguson, it intended any future treaty implemented by an act of Congress to be abrogated to the extent that treaty conflicted in some way with a state law regulating the business of insurance. [read post]
5 Jan 2009, 11:45 pm
Moreover, the evidence provided by ICFG to support its claim that no other suitable properties exist is not sufficient to create a triable issue as to substantial burden.The court rejected the church's claim that RLUIPA's "equal terms" provision was violated by the zoning code's differentiation between "assembly uses" and uses for commercial recreation and entertainment activities, saying: "ICFG cites to nothing in the legislative history indicating the intent… [read post]
5 Jan 2009, 8:50 pm
ERIC POSNER ON BOLTON AND YOO ON THE TREATY POWER: “It didn't take long for conservatives to rediscover limits on executive power. [read post]
1 Jan 2009, 1:54 am
Abrogation des articles R624-1 Ã R624-7, sur la déclaration auprès de l'INPI des "transferts techniques internationaux".Enfin, un autre décret, également en date du 30 décembre 2008, donne des précisions sur la nouvelle procédure de limitation des brevets… [read post]
31 Dec 2008, 3:02 am
Pointing in particular to the pact's abrogation of contractor immunity, she maintained that if U.S. officials had negotiated the pact with the knowledge that they would have to "sell it to Congress," the result would have been better. [read post]
30 Dec 2008, 9:53 am
We do not adopt the district court's discussion of the Act, which would read § 230 more broadly than any previous Court of Appeals decision has read it, potentially abrogating all state- or common-law causes of action brought against interactive Internet services. [read post]
30 Dec 2008, 7:35 am
We do not adopt the district court's discussion of the Act, which would read section 230 more broadly than any previous Court of Appeals decision has read it, potentially abrogating all state- or common-law causes of action brought against interactive Internet services. [read post]
27 Dec 2008, 6:30 am
Even if the archaic "private rules" doctrine is not abrogated, it is inapplicable to PP&P on several independent grounds. [read post]
21 Dec 2008, 9:40 pm
December 19 was the due date for briefs in opposition to the petitions that had been filed last month with the California Supreme Court seeking the invalidation of Proposition 8, the ballot initiative measure that has added a different-sex definition of marriage to the California Constitution. [read post]
21 Dec 2008, 5:18 pm
Being inalienable, the Attorney General argues that the right to liberty/right to marry of lesbians and gay men cannot be abrogated either by the legislature or by the electorate (circumventing the legislature through the initiative process, as it did in enacting Prop. 8), without demonstrating some compelling interest given that this right is considered fundamental and it involves the enjoyment of the right by a suspect class. [read post]
20 Dec 2008, 2:32 am
"But the attorney general also believes," Brown's office wrote, "that the initiative-amendment process does not encompass a power to abrogate fundamental constitutional rights without a compelling justification. [read post]
19 Dec 2008, 9:55 am
If it was not repealed then the five school districts are obligated only to rebate the traditional seventy-five percent rebate for those two years and may retain the remaining twenty-five percent, which roughly translates into a collective dispute over $97,550,113.36.There is no express clear abrogation of Wyo. [read post]
18 Dec 2008, 4:03 pm
Daniel to sit as the Art. 32 hearing officer.Daniel's duty as hearing officer to the formal Art. 32 was to impartially find and report facts.But Daniel abrogated his authority as impartial fact-finder secretly switching roles to become a combination military detective and prosecutor. [read post]
17 Dec 2008, 7:16 pm
Washington, No. 07-1523, 07-1884, 07-2541 Federal district courts lack the inherent power to vacate a sentence procured by fraud, any such power having been abrogated by the enactment of 18 U.S.C. section 3582(c) and the amendments to FRCP 35. [read post]
17 Dec 2008, 4:48 pm
" The complete abrogation of responsibility for regulatory oversight is nonetheless a hallmark of the Bush administration. [read post]
