Search for: "ABROGATE"
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3 Jun 2016, 7:00 am
Previously, Congress has done so by abrogating immunity for “state sponsors of terrorism,” while leaving it to the executive branch to decide which nations should receive this designation. [read post]
13 Aug 2014, 8:18 pm
Ironically, however, in its endless tug-of-war with Congress, the US Supreme Court had struck that provision down in 2001 as unconstitutionally abrogating the Eleventh Amendment. [read post]
17 Jul 2013, 8:48 am
Those conditions, taken from the language of the bill: (i) An interconnection, as defined in section 269-141, is maintained with an electric public utility to preserve the lessees’ or tenants’ ability to be served by an electric utility; (ii) Such person does not use an electric public utility’s transmission or distribution lines to provide, sell, or transmit electricity to lessees or tenants; (iii) At the time that the lease agreement is signed, the rate charged to the lessee or… [read post]
15 May 2023, 12:30 pm
Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward. [read post]
15 May 2023, 12:30 pm
Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward. [read post]
25 May 2012, 8:30 pm
Ace American Insurance Co.Docket: 11-1229Issue(s): (1) Whether a bankruptcy court’s exercise of its in rem jurisdiction categorically abrogates state sovereign immunity, regardless of the governmental unit’s role in the particular bankruptcy proceeding; and (2) whether the Bankruptcy Code’s abrogation of sovereign immunity extends to a state-law statutory claim that does not involve the discharged debtor.Certiorari stage documents:Opinion below (2d Cir.)Petition… [read post]
10 Dec 2015, 9:19 am
As of December 1 of this year, Rule 84 is abrogated, and the official appendix of forms is no more. [read post]
31 Aug 2021, 4:04 pm
The senators asked the Office to determine whether there is sufficient basis for legislation abrogating state sovereign immunity when states infringe copyrights. [read post]
10 Dec 2015, 9:19 am
As of December 1 of this year, Rule 84 is abrogated, and the official appendix of forms is no more. [read post]
6 Sep 2012, 12:31 pm
The Court further reaffirmed that an amendment only abrogates an existing provision when it renders that provision “wholly inoperative. [read post]
15 Mar 2021, 9:04 am
., held that: 1 postnuptial agreement was not a separation agreement which could be abrogated by reconciliation; 2 as a matter of first impression, postnuptial agreement was not a property settlement agreement which could be abrogated by reconciliation; 3 retroactive child support was not an “arrearage,” and thus award of prejudgment interest was not warranted; and 4 evidence was sufficient to support finding that wife did not sign… [read post]
21 Dec 2020, 7:19 am
Nothing in chapter 736 modifies or abrogates the common law modification rule adopted in Preston. [read post]
30 Mar 2021, 4:07 am
There are no normative reasons to treat abrogation of sovereign immunity differently than other statutory interference with tribal sovereignty. [read post]
27 Jul 2022, 5:49 am
There are no normative reasons to treat abrogation of sovereign immunity differently than other statutory interference with tribal sovereignty. [read post]
15 Jun 2023, 10:23 am
It would demand a clear statement for abrogation and then say that abrogation wasn't possible after all, for example. [read post]
18 Sep 2018, 2:35 pm
Article III simply declines to abrogate certain State immunities from suit, see Hans v. [read post]
22 Feb 2017, 3:23 pm
When sovereign immunity conflicts with legislation, Congress may abrogate sovereign immunity if it has unequivocally expressed its intent to abrogate the immunity and has acted pursuant to a valid exercise of power. [read post]
1 Mar 2016, 7:04 am
(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152. [read post]
1 Jul 2011, 5:48 am
Let's start with the test for determining whether Congress abrogated the state's immunity: "Congress must unequivocally declare its intent" to abrogate the immunity; and Congress must be acting pursuant to a valid (Constitutional) exercise of its power. [read post]
16 Oct 2010, 9:32 am
President Obama has ordered his Department of Justice to appeal the district court order abrogating Don’t Ask, Don’t Tell. [read post]
