Search for: "ABROGATE"
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15 Dec 2009, 5:31 am
It will be argued that EC Member States can under no circumstances rely on Article 307 EC in order to abrogate basic fundamental rights as protected with the European legal order in order to implement UN Security Council Resolutions. [read post]
24 Jun 2011, 7:53 am
Chief Justice Roberts wrote a dissent, arguing that the majority opinion was confusing language abrogating contributory negligence with a diversion from the common-law principle of proximate cause. [read post]
13 Jun 2014, 7:11 pm
Department of Transportation 13-1126Issue: (1) Whether the circuit court’s ruling violated the Supremacy Clause by failing to enforce the unambiguous terms of a later-enacted statute under the last-in-time rule; (2) whether the Supremacy Clause supports a presumption that an Act of Congress should not be read to abrogate treaty provisions; and (3) whether the circuit court’s invocation of a plain statement rule in connection with a facially unambiguous statute violated the… [read post]
18 Dec 2009, 7:34 am
Cox 511 Reaffirming Indian Tribal Court Criminal Jurisdiction Over Non-Indians: An Argument for a Statutory Abrogation of Oliphant Samuel E. [read post]
26 Oct 2011, 12:04 am
It abrogated the 1889 Treaty of Wichale, which had granted Italy protectorate status over Ethiopia. [read post]
27 Oct 2011, 12:04 am
On this day in ...... 1951 (60 years ago today), Egypt abrogated its 1936 Treaty of Alliance with Europe, which would have allowed Britain a military base for an additional 20 years. [read post]
1 Aug 2018, 3:33 pm
The Court of Appeals held that A Religious Freedom Restoration Act (RFRA)” cause of action, brought by invoking a court’s general federal question jurisdiction, does not abrogate or provide an exception to a specific and exclusive jurisdictional provision prescribing a particular procedure for judicial review of an agency’s action. [read post]
17 Jun 2016, 5:08 am
Because it is settled federal law that sovereign Indian tribes enjoy immunity from suit in state and federal court—absent waiver or abrogation by Congress—we reverse the Court of Appeals with instructions for the district court to dismiss the suit for lack of subject matter jurisdiction. [read post]
1 Aug 2018, 3:33 pm
The Court of Appeals held that A Religious Freedom Restoration Act (RFRA)” cause of action, brought by invoking a court’s general federal question jurisdiction, does not abrogate or provide an exception to a specific and exclusive jurisdictional provision prescribing a particular procedure for judicial review of an agency’s action. [read post]
15 Feb 2016, 12:45 pm
(2) Does the National Labor Relations Act abrogate the treaty-protected rights of Indian tribes to make their own laws and establish the rules under which they permit outsiders to enter Indian lands? [read post]
10 Jan 2024, 5:14 pm
On Wednesday’s hearing, the CFA was tasked to consider whether the duty abrogated the constitutionally protected right to legal privilege and if so, whether such abrogation is a necessary implication. [read post]
8 Apr 2012, 6:05 am
The Statute reads, "Doctrine of interspousal tort immunity abrogated. [read post]
24 Nov 2011, 4:47 am
The problem is that the authorization requirements of 766.1065 appear to abrogate the privacy rights of patients under Florida Statute section 456.057(7)(a) and the Federal Health Insurance Portability and Accountability Act at 42 USC Section 201 et seq. [read post]
13 Sep 2007, 3:00 am
CA held an attempted reconciliation does not abrogate the Agreement. [read post]
8 Oct 2007, 9:02 am
The court also noted that the mere fact that the school district maintained insurance coverage for personal injury claims was not an indication that sovereign immunity should be abrogated, since school districts are expected to maintain insurance coverage for other reasons. [read post]
7 Mar 2024, 10:59 pm
The charges stemmed from his critique of the abrogation of Article 370, which granted special autonomous status to Jammu and Kashmir, and his expression of goodwill towards Pakistan on its Independence Day. [read post]
12 Apr 2012, 7:49 am
Thirty two (32) states have abrogated the inter-spouse immunity as well. [read post]
8 Oct 2007, 8:44 am
(3) Can Congress abrogate stare decisis? [read post]
15 Mar 2006, 9:23 pm
Florida, 517 U.S. 44 (1996), to find that Congress did not have the power under the Bankruptcy Clause of Article I of the Constitution to abrogate states' sovereign immunity for such damages. [read post]
28 Jun 2013, 12:14 pm
Second, the Sixth Circuit concluded that the tribe’s sovereign immunity from the suit had not been abrogated by statute or waived. [read post]
