Search for: "ABROGATE"
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20 Oct 2021, 11:56 am
In dismissing the CDC’s appeal, the court clarified that its “dismissal does not abrogate the district court’s judgment or opinion, both of which remain in full force according to the express concession of the government during oral argument and in briefing. [read post]
18 Oct 2021, 4:30 am
These cases were front-page decisions of incredible importance.In 1989, the Court held 5-4 that Congress could use its commerce clause powers to abrogate a state's sovereign immunity under the Eleventh Amendment. [read post]
15 Oct 2021, 6:30 am
Except to the extent that the statute expressly abrogated common law doctrine, most members of the trademark bar believed that even after the statute's effective date, common law rules would continue to control most determinations.Along the way, the chapter recounts other interesting if not-very-consequential details. [read post]
14 Oct 2021, 9:00 am
Before the abrogation of extraterritoriality in 1943, for example, a Chinese national accused of smuggling would be treated under domestic laws while a foreign national accused of smuggling would be treated under international treaties. [read post]
12 Oct 2021, 7:30 am
Curcione, 657 F.3d 116.Addressing Petitioner's "Constitutional Claims", Appeals concluded that the district court correctly held that her constitutional claims against SUNY Albany are barred by the Eleventh Amendment, which precludes suits by citizens against states unless the state expressly waives its immunity or Congress abrogates that immunity. [read post]
12 Oct 2021, 7:30 am
Curcione, 657 F.3d 116.Addressing Petitioner's "Constitutional Claims", Appeals concluded that the district court correctly held that her constitutional claims against SUNY Albany are barred by the Eleventh Amendment, which precludes suits by citizens against states unless the state expressly waives its immunity or Congress abrogates that immunity. [read post]
12 Oct 2021, 7:30 am
Curcione, 657 F.3d 116.Addressing Petitioner's "Constitutional Claims", Appeals concluded that the district court correctly held that her constitutional claims against SUNY Albany are barred by the Eleventh Amendment, which precludes suits by citizens against states unless the state expressly waives its immunity or Congress abrogates that immunity. [read post]
12 Oct 2021, 7:30 am
Curcione, 657 F.3d 116.Addressing Petitioner's "Constitutional Claims", Appeals concluded that the district court correctly held that her constitutional claims against SUNY Albany are barred by the Eleventh Amendment, which precludes suits by citizens against states unless the state expressly waives its immunity or Congress abrogates that immunity. [read post]
8 Oct 2021, 9:45 am
For now, though, the decisions set the standard for policyholders litigating their COVID-19 insurance claims in courts within the Ninth Circuit, requiring that they allege—at a minimum—that their loss or damage was caused by the presence of COVID-19/SARS-CoV-2 and some resulting physical alteration, a standard adopted by some courts across the country based on an excerpt from an insurance treatise which, itself, apparently conceived of the phrasing based on a single federal trial court… [read post]
1 Oct 2021, 1:57 pm
United States of de minimis extensions to traffic stops abrogated or limited Arizona v. [read post]
16 Sep 2021, 6:35 am
September 17, 2021 2:30 PM – 4:00 PM, Eastern Time Founding Failures: Indian Country’s Sovereignty and Subordination Zoom Webinar Since its founding, the United States government has created and then abrogated treaties with tribal nations, taken tribal land, and pushed policies aimed at stripping indigenous communities of their language and culture. [read post]
6 Sep 2021, 9:00 pm
There are not many good things to say about the blizzard of terrible things that has become a depressingly permanent part of our lives. [read post]
3 Sep 2021, 6:00 am
” Nevertheless, the Office concluded that the issue is worthy of Congressional attention, and it would support alternatives to abrogation legislation. [read post]
3 Sep 2021, 6:00 am
” Nevertheless, the Office concluded that the issue is worthy of Congressional attention, and it would support alternatives to abrogation legislation. [read post]
1 Sep 2021, 1:15 pm
Copyright Office produced a similar, much lengthier report, also in response to a letter from Tillis and Leahy, studying whether there is sufficient basis for federal legislation abrogating State sovereign immunity when States infringe copyrights. [read post]
1 Sep 2021, 1:15 pm
Copyright Office produced a similar, much lengthier report, also in response to a letter from Tillis and Leahy, studying whether there is sufficient basis for federal legislation abrogating State sovereign... [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]
26 Aug 2021, 10:00 am
” Five years later, it enacted a new federal copyright act that “abrogated the distinction between published and unpublished works so that parties no longer had to walk the line between state and federal copyright protection. [read post]
20 Aug 2021, 6:00 am
After last year’s Supreme Court decision holding that Congress could not prophylactically abrogate state sovereign immunity using the Copyright Remedy Clarification Act, the district court has granted a motion for reconsideration, allowing Allen to revive his claims against the state on alternative grounds. [read post]
17 Aug 2021, 3:00 am
This section renders prelitigation member vote requirements, like the one at issue in this case, null and void and therefore abrogates the defense that noncompliance with such conditions defeats a construction defect claim. [read post]
