Search for: "ABROGATE"
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18 Sep 2014, 2:48 pm
United States, 471 U.S. 858 (1985), was not abrogated by the decision in United States v. [read post]
16 Jan 2014, 9:30 pm
Since current Dutch legislation does not contain general provisions on presumptions even though such presumptions still play a role in modern Dutch private law, various Articles of the Dutch Civil Code of 1838 (abrogated in 1992) will be discussed, for example Article 1903 which lists the various means of proof that are recognized by this Code, including presumptions. [read post]
10 Jun 2016, 12:58 pm
Hard to imagine a less respectful stance toward the constitution and property rights, much less a more explicit abrogation of limited government principles. [read post]
19 Sep 2016, 12:56 pm
Here's a simple question that should get some attention: Can he abrogate NAFTA without an Act of Congress? [read post]
4 Jan 2015, 9:11 pm
By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. [read post]
21 Apr 2023, 4:00 am
The court added:[C]onsidering the recent clarifications from the Supreme Court of the United States on matters of discrimination and unequal treatment based on religious status, along with the abrogation of Lemon v. [read post]
17 Jan 2020, 4:15 am
., 633 F.2d 912 (9th Cir. 1980), a case that many observers believed to be abrogated by subsequent Supreme Court and Ninth Circuit opinions but that has recently continued to wreak havoc on trademark law. [read post]
5 Dec 2017, 1:54 pm
Utah Labor Commission (Utah, December 1, 2017) (affirming denial of temporary total disability: Utah Code § 35-1-65 does not abrogate any previously existing remedy, since the legislature created an adequate substitute remedy in workers' compensation; it is therefore no violation of the Open Courts Clause)Waite v. [read post]
10 Sep 2019, 10:14 am
UT also argued that the District of Delaware lacks jurisdiction because UT never consented to suit in Delaware, nor did it waive its sovereignty in Delaware or abrogate its sovereignty by statute. [read post]
18 May 2021, 1:15 pm
Solutions were proposed to level the playing field, including Congress enacting a law validly abrogating state sovereign immunity and waiving sovereign immunity for states acting as market participants. [read post]
23 Jun 2014, 11:01 am
Superior Court (2007) 42 Cal.4th 443 (Gentry) has been abrogated by recent United States Supreme Court precedent. [read post]
16 Jun 2023, 12:47 pm
But those elements are absent from the Hobbs Act’s unambiguous statutory definition of “robbery,” and the Court acknowledged today that Nedley has been abrogated by intervening Supreme Court precedent. [read post]
8 Dec 2017, 6:15 am
While the Supreme Court has repeatedly confirmed that, as a matter of judicial construct, Native American Tribes (like the Tribe) can be immune from “suits” in a court absent abrogation or waiver (see Paper 81, at 8), such immunity does not extend to all government action. [read post]
13 Sep 2013, 4:22 am
In ordering Hanes to comply with the state's ban on same-sex marriage, the court said:Because only the General Assembly may suspend its own statutes and because only courts have the authority to determine the constitutionality of a statute, and because all statutes are presumptively constitutional, a public official “[i]s without power or authority, even though he is of the opinion that a statute is unconstitutional, to implement his opinion in such a manner as to effectively abrogate… [read post]
13 Sep 2017, 2:15 am
The tribe is raising a sovereign immunity defense in the case as the tribe is a sovereign entity which is not amenable to a suit unless it consents or Congress abrogates its immunity. [read post]
30 Jun 2022, 4:00 am
In one, the Court has said that Congress, when acting to enforce the Fourteenth Amendment, may "abrogate" state sovereign immunity. [read post]
22 Apr 2015, 11:25 pm
LEGISLATIVE INFRINGEMENT ON RIGHT/REMEDIES AVAILABLE UNDER THE COMMON LAW The open-courts provision prohibits arbitrary or unreasonable legislative action that abrogates well-established, common-law remedies. [read post]
3 Oct 2011, 8:04 am
Judge Ware found no abrogation of immunity. [read post]
15 Nov 2020, 3:13 pm
Eleventh Amendment abrogation for ADA claims In Natl. [read post]
15 Aug 2012, 9:00 am
Intellectual property - Although previously the Finnish National Board of Patents and Registration (last visited Aug. 13, 2012) permitted a Finnish man to trademark the "smiley" emoticon, consisting of a colon and parenthesis :), the Supreme Administrative Court... [read post]
