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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]
20 Apr 2020, 8:50 am
Democratic governors, such as Andrew Cuomo of New York, pushed back, arguing that such use of federal power would be "a total abrogation of the Constitution," which leaves such decisions to the states. [read post]
16 Apr 2020, 10:23 am
Analyzing the congressional intent required to abrogate tribal sovereign immunity. [read post]
16 Apr 2020, 10:04 am
Analyzing the congressional intent required to abrogate tribal sovereign immunity. [read post]
15 Apr 2020, 2:40 pm
For more than a year, the administration has sought unsuccessfully to undo the asylum system at the southern border claiming that exigencies and limited government resources compel abrogating rights and protections for refugees and other noncitizens. [read post]
15 Apr 2020, 2:00 am
Recipients of this assistance must certify, in good faith, that: The uncertainty of economic conditions as of the date of the application makes necessary the loan request to support the ongoing operations of the recipient; The funds will be used to retain at least 90% of the workforce, at full compensation and benefits, until September 30, 2020; Not less than 90% of the workforce existing as of February 1, 2020, will be restored at full compensation and benefits no later than 4 months after the… [read post]
13 Apr 2020, 9:47 am
The Court concluded its opinion by suggesting that Congress could “pass[] a valid copyright abrogation law in the future,” by “linking the scope of its abrogation to the redress or prevention of unconstitutional injuries. [read post]
8 Apr 2020, 1:20 am
The abrogation has to be "appropriate" under section 5, which means that the abrogation must be "tailored to “remedy or prevent” conduct infringing the Fourteenth Amendment’s substantive prohibitions". [read post]
8 Apr 2020, 1:20 am
The abrogation has to be "appropriate" under section 5, which means that the abrogation must be "tailored to “remedy or prevent” conduct infringing the Fourteenth Amendment’s substantive prohibitions". [read post]
8 Apr 2020, 1:20 am
The abrogation has to be "appropriate" under section 5, which means that the abrogation must be "tailored to “remedy or prevent” conductinfringing the Fourteenth Amendment’s substantive prohibitions". [read post]
8 Apr 2020, 1:20 am
The abrogation has to be "appropriate" under section 5, which means that the abrogation must be "tailored to “remedy or prevent” conductinfringing the Fourteenth Amendment’s substantive prohibitions". [read post]
7 Apr 2020, 4:22 am
During the emergency, normal public notification practices have been abrogated. [read post]
