Search for: "ABROGATE"
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8 Sep 2014, 6:57 am
’ Accordingly, the self-care provision (subsection (D)) is not a valid abrogation of the States’ Eleventh Amendment immunity,” explained the court. [read post]
6 Aug 2019, 8:15 am
However, it has not abrogated all of Article 370, which, in its truncated form, stays as a part of the constitution, and cannot be repealed or abrogated in its entirety without a constitutional amendment under Article 368. [read post]
30 Mar 2022, 3:28 am
Egan, 369 U.S. 45, 82 S.Ct. 552, 7 L.Ed. 262 (1962), to protect the rights of the Tsimshian Nation members of the Metlakatla Indian Community and Tribe as to the Annette Islands Reserve, as to vested fishing rights relating to the Reserve, or allow the State of Alaska and the Alaska Supreme Court to abrogate and extinguish those aboriginal, treaty, presidential proclamation, and congressional legislation and grant rights [which abrogation involves native fishing rights that evolve… [read post]
24 Jun 2022, 5:29 am
Generally, there are two situations in which a governmental entity may not be immune from suit: legislative waiver and judicial abrogation. [read post]
26 Oct 2010, 8:03 am
Elections were held under the new constitution, but the (Indo-Fijian led) government was overthrown by another coup in 2000, and the 1997 constitution was abrogated. [read post]
14 May 2007, 3:57 am
Because a separate section grants an aggrieved party the right to recover damages, Miller contended that the URLTA, when read as a whole, abrogated the common-law rule.The Court noted that the legislature's intention to abrogate the common law must be clearly apparent, and is not to be presumed. [read post]
26 Jan 2023, 7:36 am
Muth, 491 U.S. 223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text. [read post]
9 May 2011, 10:20 am
Terwillger said the congressional action abrogated the Algiers Accords, the executive action the U.S. negotiated with Iran to resolve the hostage crisis at the embassy. [read post]
14 May 2020, 6:48 am
In this Anne Arundel couple’s case, the trial court concluded that an abrogation had occurred. [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]
2 Apr 2012, 6:26 pm
The question now is one not simply of abrogating a decision, but whether such an abrogation would affect itself of a "taking" under Michigan law. [read post]
13 Jan 2023, 10:20 am
Indeed, some of the justices think that the Constitution quite narrowly limits congressional power to abrogate that immunity – occasionally the court invalidates a statute that abrogates state sovereign immunity as intruding unduly on the position of the states in the federal union. [read post]
18 Dec 2009, 5:48 am
It's been "abrogated" along with the rest of the common law in this field of law. [read post]
15 Oct 2020, 12:52 pm
In my committee, we’ve talked about specific cases that we could potentially abrogate if we could get bipartisan support and we’re in those discussions. [read post]
22 Apr 2013, 5:14 am
You have to be concerned about the abrogation of rights. [read post]
15 Mar 2018, 6:28 am
” The news organization added that investigators concluded “a culture of complacency and a sense of futility pervaded [VA] offices at multiple levels,” such that, “In interviews, leaders frequently abrogated individual responsibility and deflected blame to others. [read post]
15 Nov 2011, 2:03 pm
Belforti abrogated her marriage license duties for all applicants, gay and straight. [read post]
5 Jun 2015, 1:03 pm
Cir. 2007), we find that application of the Act would abrogate treaty rights, specific to the Nation, contained in the 1830 Treaty of Dancing Rabbit Creek. [read post]
22 Apr 2013, 5:14 am
You have to be concerned about the abrogation of rights. [read post]
6 Sep 2007, 8:49 am
The Court, however, noted that the "exceptional circumstances" doctrine had been abrogated by the Suprme Court and that parties should not be seeking legal advice from judges or judicial staff.The decision in In re American Safety Indemnity Co. [read post]
