Search for: "ABROGATE"
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27 Nov 2006, 11:42 pm
The modifications of the same character have been introduced into art. 33 that stipulates the jurisdiction of Courts of Appeals.A much more important modification is an abrogation of art. 34. [read post]
20 May 2024, 5:25 am
Every person is concerned since Article 370 was abrogated. [read post]
22 Jun 2021, 7:24 am
” With no contract at issue, the court then turned to whether a vested right had been abrogated. [read post]
27 Sep 2011, 4:41 am
This interpretation ameliorates, but does not actually resolve, the apparent conflict between the first sentence of the Clause, which seems to create a mandatory rule of sister state deference, and the second sentence of the Clause, which seems to give Congress plenary power to abrogate that rule. [read post]
18 May 2017, 4:22 am
Virginia Department of State Police, a pending cert petition on which the court this week asked the acting solicitor general to weigh in that raises the issue of “whether Congress can use its war powers to abrogate state sovereign immunity”; Hirsch argues that if, as the court has held, “Congress can use its bankruptcy power to abrogate then surely it can use its war powers as well. [read post]
9 Feb 2020, 7:44 am
The context of the case was the abrogation of gold clauses 1933 that we've discussed before on this site (here, here and here). [read post]
19 Apr 2016, 7:43 am
Therefore, the Court should now consider abrogating the implicit exception in deference to the explicit patentability requirements that Congress imposed. [read post]
27 Aug 2014, 10:27 am
The panel held that NAGPRA does not abrogate tribal sovereign immunity because Congress did not unequivocally express that purpose. [read post]
13 Oct 2011, 8:03 am
Madison’s actions and writings regarding the Full Faith and Credit Clause strongly suggest that he would have considered congressional actions to weaken or abrogate existing deference obligations not just unwise and unjust, but unconstitutional. [read post]
5 Jul 2012, 5:10 am
The Supreme Court has made clear that a suit against an Indian tribe is barred unless the tribe has clearly waived its immunity or Congress has expressly and unequivocally abrogated that immunity. [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]
9 Jan 2014, 3:51 pm
Second, the defense of laches is available unless Congress makes a clear statement abrogating it, and the mere enactment of a statute of limitations is not a clear statement of abrogation. [read post]
13 May 2019, 3:51 pm
But note that none of this addresses whether another state, like Nevada, can abrogate California's immunity in its courts, just as it might abrogate any other rule of common law. [read post]
30 Mar 2020, 9:32 am
The Court found that Congressed did not have authority, either under its Article 1 power to grant patents and copyrights or under section 5 of the 14th Amendment, to abrogate sovereign immunity to create state liability for copyright infringement. [read post]
19 Aug 2014, 10:08 am
By allowing them to apply the law they had received from Him against His own Son, God did not abrogate that law, but left it intact. [read post]
23 Dec 2019, 5:00 am
Article 6 holds that a person who “abrogates or subverts or suspends or holds in abeyance” the country’s constitution has committed high treason. [read post]
21 Mar 2012, 5:10 am
But the provision, standing alone, is not a valid abrogation of the states’ immunity from suit, the plurality ruled. [read post]
29 Mar 2020, 9:01 pm
Florida, the Court held that (with the lone exception it would later articulate for bankruptcy cases) Congress may not use its Article I powers to abrogate. [read post]
29 Jun 2022, 11:24 pm
The categorical claim that Congress may not exercise its Article I powers to abrogate state sovereign immunity ignores the fact that “congressional abrogation is not the only means of subjecting States to suit. . . . [read post]
5 Jun 2008, 2:47 am
In Rodriguez, the First Circuit abrogates an earlier ruling in which a panel had "held that sentencing disparity attributable to the selective inauguration of so-called 'fast-track' programs for the processing of immigration crimes could not form the basis for a variant sentence. [read post]
