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11 Dec 2007, 11:48 pm
However, in the past thirty years, the Supreme Court has shied away from that role and made it harder for individuals to obtain access to courts to vindicate their rights.From cases narrowing the Private Right of Action doctrine, to those rigorously enforcing the justiciability requirements of Article III; from rulings making it harder for public interest lawyers to win attorneys' fees as compensation for their law reform efforts, to those reviving the doctrine of sovereign immunity and… [read post]
10 Dec 2007, 5:26 am
‘must not abrogate the concept of notice pleading.' " Id. [read post]
10 Dec 2007, 4:09 am
Bucuvalas, 970 F.2d 937, 940 (1st Cir. 1992) (citations and internal quotation marks omitted), abrogated on other grounds by Cleveland v. [read post]
9 Dec 2007, 4:39 pm
Because trial lawyers are the first line of defense to prevent irresponsible elements within the insurance, manufacturing, and chemical companies from dismantling the tort system, disrupting the judiciary and abrogating the common law to the detriment of the rights of individual citizens, consumers and tort victims. [read post]
6 Dec 2007, 3:57 am
For example, some relevant questions to such an inquiry might be: how long the plaintiff had been staying there; whether she received mail there; whether she paid rent; whether she kept her belongings there; and whether she had a key to the premises. 29 We recognize that the officers in the present case could have asked such questions, and we urge that they do so in the future in similar circumstances; we cannot say, however, that their approach under the circumstances of this case was so… [read post]
5 Dec 2007, 4:52 pm
Schmidlin v. [read post]
4 Dec 2007, 12:41 pm
Importantly, even improper motive, bad faith, or intent to do constitutional harm does not abrogate prosecutorial immunity. [read post]
28 Nov 2007, 12:31 pm
., which held that Congress validly abrogated the sovereign immunity of the States to suit for patent infringement. [read post]
21 Nov 2007, 1:38 pm
Suits as to which Congress has abrogated the states' Eleventh Amendment immunity.... [read post]
19 Nov 2007, 2:33 pm
But it is interesting that similar arguments were made back when state legislatures, courts, and the FTC abrogated the holder in due course defense in certain consumer loans back in the sixties and seventies. [read post]
18 Nov 2007, 8:47 pm
State, 371 So.2d 482, 485 (Fla.1979), abrogated on other grounds by Jones v. [read post]
18 Nov 2007, 8:47 pm
State, 371 So.2d 482, 485 (Fla.1979), abrogated on other grounds by Jones v. [read post]
17 Nov 2007, 4:32 pm
The proper constitutional category to describe Musharraf's extraconstitutional declaration is not "emergency," but rather "high treason," which Article 6 of the Pakistan Constitution defines as any move to "abrogate[] or attempt[] or conspire[] to abrogate, subvert[] or attempt[] or conspire[] to subvert the Constitution by use of force or show of force or by other unconstitutional means. [read post]
14 Nov 2007, 9:59 pm
(declining to grant a stay pending the Supreme Court's decision in another case because "the grant of certiorari alone is not enough to change the law of this circuit or to justify this Court in granting a stay of execution on the possibility that the Supreme Court may overturn circuit law"), abrogated on other grounds by Hill v. [read post]
13 Nov 2007, 1:04 am
The Law Society of Upper Canada issued a statement Monday, expressing "grave concerns about the dismantling of the rule of law in the Islamic Republic of Pakistan:"The Law Society deplores and condemns the imposition of the Proclamation of Emergency, the suspension of the Constitution of the Islamic Republic of Pakistan, the dismissal of Chief Justice Iftikhar Muhammad Chaudhry and over 40 other judges, the abrogation of the rule of law and of the independence of the Supreme Court… [read post]
12 Nov 2007, 10:23 pm
Congress may only abrogate sovereign immunity pursuant to its § 5 powers, not its Article I powers (see Fitzpatrick v. [read post]
9 Nov 2007, 9:11 am
Nov. 8, 2007), the Ninth Circuit took on a fairly obscure issue of whether Congress validly abrogated the sovereign immunity of Alaska under the 11th Amendment in passing the Government Employee Rights Act... [read post]
8 Nov 2007, 11:14 am
Congress in 1991 validly abrogate the sovereign immunity of States when Congress made States subject to private damage claims under the Government Employee Rights Act: Today, by a vote of 2-1, the majority on a divided three-judge panel of the U.S. [read post]
4 Nov 2007, 6:38 am
The trustee cited the legislative history of section 222.25(4), Fla.Stat. which supported the trustee's position The debtor argued that the the $4,000.00 exemption was in addition to the $1,000.00 constitutional personal property exemption based on the well established principle that the legislature has no power to abrogate, alter or amend any provision of the Constitution. [read post]
4 Nov 2007, 1:07 am
As we've posted, Lincoln's abrogation of the writ remains controversial to this day, and may well prove a point of discussion during the December 5 oral argument before the Supreme Court in the Boumediene challenge to Bush's Guantánamo detention policy. [read post]
