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17 Apr 2019, 11:29 am by Eugene Volokh
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]
6 Jul 2009, 7:22 am
As a result, the Court of Justice proved that the Community is indeed based on the rule of law and that the fi ght against terrorism - how important it may be - cannot be used as a justifi cation for completely abrogating European constitutional law values as guaranteed within the Community and its Member States. [read post]
16 Jul 2011, 5:13 am by Linda Friedman Ramirez
.), and in particular, the 2002 amendments to the Act, did not abrogate the promise made by the United [read post]
13 Feb 2008, 7:31 pm
The net effect of the recommendations in this Report is to affirm the importance of client legal privilege as a fundamental principle of the common law that only may be abrogated in exceptional circumstances, and to provide, through federal client legal privilege legislation, a confirmation of the default principles in relation to privilege and a framework for making and resolving claims of client legal privilege in federal investigations. [read post]
18 Aug 2024, 12:06 pm by Uthman Law Office
Hill (2021) 59 Cal.App.5th 1190, 274 Cal.Rptr.3d 153 has been implicitly abrogated by our Supreme Court in People v. [read post]
7 Jun 2019, 10:22 am by Dennis Crouch
  Of course, Halliburton was abrogated by the 1952 Patent Act with the adoption of what is now known as 35 U.S.C. 112(f): Element in Claim for a Combination. [read post]
13 Sep 2016, 9:02 am by Carabin & Shaw, P.C.
The appellate court explained that unless the Legislature waives or abrogates sovereign immunity, the state is protected against a lawsuit for damages. [read post]
27 Nov 2013, 10:33 am by Markham Erickson
  The tribe argues, however, that the Sixth Circuit was correct to hold that tribal sovereignty can only be abrogated in two ways: (1) consent of the tribe or (2) action by Congress to affirmatively abrogate sovereignty. [read post]
25 Apr 2023, 2:25 pm by Ronald Mann
Kagan emphasized the oddity of the statute’s omission of tribes from the listed governments when they appear so commonly in the court’s abrogation cases. [read post]
28 Jan 2015, 10:44 am by Matthew L.M. Fletcher
Rev. 191Native Americans – Sovereign Immunity: Determining Whether the Indian Gaming Regulatory Act Abrogates Tribal Sovereign Immunity for Lawsuits Arising Outside of Indian CountryMichigan v. [read post]
13 Sep 2016, 9:02 am by Carabin & Shaw, P.C.
The appellate court explained that unless the Legislature waives or abrogates sovereign immunity, the state is protected against a lawsuit for damages. [read post]
8 Sep 2008, 4:15 am
" In contrast, although the ADEA does contain a clear congressional statement of intent to abrogate the States' immunity, the Supreme Court in Kimel v. [read post]
10 May 2023, 10:54 am by DONALD SCARINCI
While the Bankruptcy Code abrogates the sovereign immunity of “governmental units,” the statute does not refer to Indian tribes in defining that term (or anywhere else). [read post]
9 Mar 2012, 9:52 am by Scott C. Idleman
Generally speaking, tribal civil jurisdiction over members has been only slightly diminished through relinquishment or implicit loss and has been only moderately diminished through congressional abrogation. [read post]
3 Nov 2023, 8:35 am by Ronald Mann
From the government’s perspective, it is not nearly enough for the plain meaning of the statute to abrogate the government’s sovereign immunity. [read post]
23 Mar 2020, 11:02 am by Josh Blackman
That means a congressional abrogation is valid under Section 5 only if it sufficiently connects to conduct courts have held Section 1 to proscribe. [read post]
15 Nov 2018, 7:08 pm by Scott McKeown
” Thus in preventing the equitable defense of assignor estoppel, the Court looked to the statute’s language for an expression of abrogation. [read post]