Search for: "ABROGATE"
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3 Jul 2020, 2:00 pm
" In other words, "[t]he police power of a state … cannot be exercised in such manner as to work a practical abrogation of its provisions. [read post]
1 Jul 2020, 12:40 pm
A party must request rehearing within 30 days of an order, and “[u]pon such application the Commission shall have power to grant or deny rehearing or to abrogate or modify its order without further hearing. [read post]
30 Jun 2020, 8:32 am
Congress has abrogated CDA 230’s liability shield only one other time. [read post]
24 Jun 2020, 7:23 pm
That was Judge Rosenbaum, concurring in this en banc opinion which abrogated United States v. [read post]
24 Jun 2020, 9:48 am
Given the tough road ahead, the best bet for these plaintiffs may very well be the prospect of legislation that specifically abrogates China’s sovereign immunity against suits related to the novel coronavirus or the respiratory disease it causes, COVID-19. [read post]
24 Jun 2020, 7:50 am
Far from protecting property rights, immigration restrictions actually abrogate the rights of property owners who want to rent their property to migrants, associate with them, or employ them on their land. [read post]
23 Jun 2020, 4:00 am
Circuit Court of Appeals, Second Circuit, held that the district court properly dismissed Plaintiff's claims in consideration of the Eleventh Amendment, "which precludes suits against states unless the state expressly waives its immunity or Congress abrogates that immunity, neither of which occurred here. [read post]
23 Jun 2020, 12:00 am
Circuit Court of Appeals, Second Circuit, held that the district court properly dismissed Plaintiff's claims in consideration of the Eleventh Amendment, "which precludes suits against states unless the state expressly waives its immunity or Congress abrogates that immunity, neither of which occurred here. [read post]
22 Jun 2020, 2:15 pm
These extensive hearings were a strong signal of a commitment by policymakers to abrogate the disastrous and destructive Alice-Mayo inquiry. [read post]
22 Jun 2020, 2:15 pm
These extensive hearings were a strong signal of a commitment by policymakers to abrogate the disastrous and destructive Alice-Mayo inquiry. [read post]
21 Jun 2020, 5:13 am
And a general interest in juror candor and privacy cannot justify abrogating the public trial right; rather, a closure can be justified only if it satisfies the Waller test, a test that was not used by the lower court to support the closure in this case. [read post]
16 Jun 2020, 2:10 pm
The potential problem, however, is in the simultaneous abrogation of environmental protections in such statutes as the Endangered Species Act, 16 U.S.C. [read post]
11 Jun 2020, 8:19 pm
With increasing focus on whether Congress should legislate to abrogate or otherwise modify the doctrine, this Sidebar explores the legal basis for qualified immunity, how it has operated in practice, and current debate over the efficacy of the doctrine. [read post]
10 Jun 2020, 7:00 am
At the same time, however, the new “good faith” requirements that employers must meet in order to avoid FTE reductions to the loan forgiveness amount appear to abrogate the exceptions previously made by the SBA for employees who are fired for cause or who refuse to return to work. [read post]
9 Jun 2020, 2:18 pm
There is no indication, however, that other courts across the country are redacting officers' identities or that the situation is so dire that traditional principles allowing for full transparency are being abrogated as a matter of course. [read post]
9 Jun 2020, 12:26 pm
Gregory A. [read post]
8 Jun 2020, 4:15 am
When a defendant has filed a motion to dismiss challenging whether an HCLA plaintiff fulfilled the pre-suit notice requirements of Tenn. [read post]
7 Jun 2020, 1:27 pm
Held: “Context, however, shows that Mathis is not so encompassing as to abrogate Grisel. [read post]
4 Jun 2020, 6:47 am
Cooper, which held that the Copyright Remedy Clarification Act of 1990 lacked a proper constitutional foundation to abrogate states’ immunity, under the 11th Amendment, from private copyright infringement suits. [read post]
3 Jun 2020, 12:39 pm
Department of Education and its servicers in this case were governmental units as defined in Code § 101(27), and Code § 106(a) unmistakably abrogated the Department’s sovereign immunity. [read post]
