Search for: "ABROGATE"
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REGARDING AMAZON ENTERING THE PUBLISHING BUSINESS, a reader emails: “Amazon isn’t getting rid of pu…
18 Oct 2011, 3:47 pm
The role of publishers in curation is almost totally abrogated to the sellers. [read post]
9 Dec 2016, 2:51 pm
The erroneous decision that prevents states from importing thiopental from willing sellers overseas could be abrogated by statute or taken up to the U.S. [read post]
11 Jun 2008, 1:50 pm
The judge held that the "combination of drugs" method: "resulted in arbitrary abrogation of a statutory and substantive right of a condemned person, in violation of the Fifth and Fourteenth Amendments to the United States Constitution and Section 16, Article I of the Ohio Constitution (due process clause)" See State v. [read post]
25 Oct 2007, 5:59 am
This was because there was insufficient unfairness to the non-state party to warrant applying the waiver to the second suit, and, while the state's position was arguably contrary to its earlier position, an intervening change in the law (the Supreme Court's Florida Prepaid decision that held the Patent and Plant Variety Protection Remedy Clarification Act could not constitutionally abrogate states' immunity from patent infringement lawsuits) prevented it… [read post]
28 Jun 2010, 7:10 pm
June 1, 2010) abrogated our prior holding that the Foreign Sovereign Immunities Act extends to officials of a foreign government acting in their official capacities, we vacate the judgment of the District Court insofar as it dismissed plaintiff's claims against the government officials of Chile. [read post]
13 May 2016, 4:01 pm
There is nothing "underground" about compounding pharmacies.The lethal injection drugs of choice remain thiopental and pentobarbital, and all we really need is for Congress or the Supreme Court to abrogate or overrule the D.C. [read post]
12 Jul 2020, 6:32 pm
But now, if the officer uses force to bring a lawbreaker into custody, the legal protections that he once enjoyed will be abrogated, if necessary, to appease that same minority. [read post]
20 Jul 2012, 10:37 am
The question in this case is whether a state employee is allowed to recover damages from the state entity that employs him by invoking one of the provisions of a federal statute that, in express terms, seeks to abrogate the States' immunity from suits for damages. [read post]
23 Nov 2015, 7:00 am
Whether tribal immunity extends to cases where Rule 19 is the only basis for adding a tribe, no relief against the tribe is sought, and no other forum can issue a binding order on the dispute; and if so, whether Congress abrogated tribal immunity as a defense to claims arising under NAGPRA. [read post]
26 Jun 2012, 9:03 am
Rappaport, a shoulder dystocia case where the doctor was accused of excessive force when performing the corkscrew procedure in delivering the child, which abrogated the former “error in judgment rule” as a defense in medical malpractice cases. [read post]
22 Dec 2011, 9:03 pm
The search conducted in this case strictly complied with binding precedent that had not been overruled or abrogated and that allowed, as part of the search of a person incident to arrest, the search of the personal effects on the person of an arrestee. [read post]
8 Jan 2007, 12:52 pm
That contract can’t be abrogated now simply because the board has concluded it made a mistake. [read post]
27 Oct 2007, 1:40 am
Congress abrogated its 1868 treaty with Indian tribes that required notice to the tribes before the State prosecuted an Indian (Public Law 280 18 U.S.C. [read post]
16 Jul 2011, 5:13 am
.), and in particular, the 2002 amendments to the Act, did not abrogate the promise made by the United [read post]
27 Jun 2011, 7:39 am
Maryland Court of Appeals, asking: Whether Congress constitutionally abrogated states’ Eleventh Amendment immunity when it passed the self-care leave provision of the Family and Medical Leave Act (FMLA).Again, from the Petitioner's Brief, and see also, the SCOTUSblog case page. [read post]
19 Feb 2016, 2:36 pm
Because the Seventh Amendment’s right to a federal civil jury trial depends in part on the historical practice of English courts in 1791, this delegation bears directly on the present power of Congress to abrogate the use of juries in federal civil litigation. [read post]
15 Jan 2008, 8:14 am
Although the father asserts that the monies were pooled for family purposes pursuant to an agreement reached with his children, the court finds that the facts belie any purported "pooling," thereby abrogating any alleged agreement. [read post]
17 Apr 2019, 11:29 am
In Rhode Island, as elsewhere, such a privilege may be abrogated if the plaintiff proves that the privilege-holder published the offending statement out of spite, ill will, or malice. [read post]
15 Sep 2007, 5:00 pm
History shows that unconstrained government power to abrogate property rights as caused great harm to the poor. [read post]
18 May 2010, 9:00 pm
The report asserts that: "This two-year scientific/legal investigation reveals a drug testing regime of fraudulent forensics used by police, prosecutors, and judges which abrogates every American’s Constitutional rights. [read post]
