Search for: "ABROGATE"
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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]
28 May 2020, 2:25 pm
The order cannot abrogate power to the President that Congress has not given. [read post]
22 May 2020, 9:56 am
The ACLU just filed its motion for a preliminary injunction in this case, which I blogged about Wednesday. [read post]
20 May 2020, 2:10 pm
If left standing, it would abrogate the deliberately intended separate motion and safe harbor rules not only in anti-SLAPP cases, but in all other cases as well. [read post]
14 May 2020, 11:25 pm
Cir. 1995), abrogated on othergrounds by Egyptian Goddess, 543 F.3d at 672–79)).(...)To be clear, the “ordinary observer” test for design patent infringement requires the fact finder to “compar[e]similarities in overall designs, not similarities of ornamental features in isolation. [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]
13 May 2020, 4:00 am
The inherent jurisdiction of the court might still be invoked in exceptional circumstances, absent “persistence”, but the inherent jurisdiction of the court does not permit the complete abrogation of that requirement. [read post]
11 May 2020, 1:58 pm
We can see no reason why it is not reasonable to envisage that the stay imposed by paragraph 2 may be shown to be effective: (a) to relieve pressures on the administration of justice during the pandemic, (b) to reduce the risks of spreading the virus occasioned by enforcing possession orders and thereby forcing citizens to move home rather than stay at home as the Government has advised, and/or (c) to abrogate court hearings, whether remotely or face to face, in possession proceedings,… [read post]
6 May 2020, 6:00 am
It can issue decrees and directives, abrogate decisions of other government bodies, and make the highest level government appointments (art. 107). [read post]
5 May 2020, 11:02 am
Acting pursuant thereto, the President may suspend or affect certain rights, freedoms and guarantees contained in this Constitution and exercise such other emergency powers as may be necessary and appropriate to take care of the emergency, subject, however, to the limitations contained in this Chapter [including a provision barring the President from suspending the Constitution or abrogating the legislature.] [read post]
5 May 2020, 7:57 am
Blatt replied that, even without the primary significance test, multiple sections of the trademark statute “overrule, repudiate, abrogate and completely eradicate any notion that you could have a per se rule that would ignore what consumers think. [read post]
4 May 2020, 9:42 am
More specifically, the CARES Act says such companies cannot “abrogate” existing CBAs for the terms of the loans (up to five years) and two years after completing repayment, but does nothing to explain what would constitute an abrogation. [read post]
2 May 2020, 1:07 pm
[Further thoughts on the Tucker Act and Federal Question Jurisdiction] Last week I posed a question: "can a plaintiff seek compensation for an unconstitutional taking, without relying on the Tucker Act's jurisdiction–if not under the Takings Clause, perhaps under some theory of tort. [read post]
30 Apr 2020, 9:16 am
However, the ruling said that, if the federal government could establish a pattern of unconstitutional infringement, they may be able to enact a law that would allow abrogate state sovereign immunity and pass muster with the Supreme Court. [read post]
29 Apr 2020, 8:33 am
Cet article s’inscrit dans notre série penchée sur les initiatives innovantes lancées au Canada et ailleurs dans le cadre de la lutte contre la COVID-19. [read post]
27 Apr 2020, 9:08 pm
The Court drew the line at attempts by the government to abrogate the legislative role and act contrary to the will of the Knesset majority. [read post]
27 Apr 2020, 12:22 pm
Borrowers should be aware of this requirement which, in effect, abrogates some of their rights under the National Labor Relations Act. [read post]
22 Apr 2020, 6:53 pm
[t]o hold otherwise would be to hold that the [AIA] abrogated the assignor estoppel doctrine in a district court infringement action. [read post]
22 Apr 2020, 10:27 am
The Eleventh Circuit’s decision recognized the various courts’ different readings, and half-heartedly noted that under its “prior-precedent rule,” its nearly decade-old opinion joining the First, Fifth, and Seventh Circuits in construing the CFAA broadly would stand “unless and until it is overruled or undermined to the point of abrogation by the Supreme Court or by this court sitting en banc. [read post]
22 Apr 2020, 3:31 am
The Taiwan Alliance to End the Death Penalty (TAEDP) announced in a press release on April 3 its decision to quit the Gradual Death Penalty Abolition Research and Promotion Team of the Ministry of Justice, citing their abrogation of the rule of law.The TAEDP said the Ministry of Justice paradoxically continues to carry out capital punishment based on a law that it regards as flawed. [read post]
