Search for: "ABROGATE"
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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]
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]
