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24 Mar 2020, 10:47 am
In particular, SCOTUS held that Congress did not have a sufficient constitutional basis to abrogate states’ sovereign immunity in copyright infringement actions when it passed the Copyright Remedy Clarification Act of 1990 (CRCA). [read post]
28 Aug 2024, 2:36 pm
We agree with the Government and hold that the Supreme Court's decisions in Bruen and Rahimi did not unequivocally abrogate Portillo-Munoz's precedent. [read post]
4 Oct 2011, 7:53 am
Nor, in my opinion, does Rule 1-3 provide justification for abrogating the privilege. [read post]
19 Nov 2007, 2:33 pm
But it is interesting that similar arguments were made back when state legislatures, courts, and the FTC abrogated the holder in due course defense in certain consumer loans back in the sixties and seventies. [read post]
8 Aug 2015, 5:16 am
Instead of abrogating the death penalty -- the will of the people (see 2012's Prop 34) and an established, constitutional punishment (see Glossip) -- the district court should have abrogated the absurdly excessive delay. [read post]
29 Jul 2020, 3:57 pm
Indeed, such rules are treated as rules of law that an agency must abide by unless and until the rule is abrogated or amended by subsequent APA rulemaking. [read post]
12 Mar 2013, 4:00 am
Abrogation of Private Contracts The Railroad Commission may amend or abrogate surface use protections in pre-existing oil and gas leases that conflict with unit operations so as to prevent or render operations uneconomical. [read post]
16 Aug 2017, 6:12 am
A 2013 amendment to the statute revised the definition of “good faith” to exclude “statements or disclosures” that are knowingly false or in reckless disregard of the truth—and abrogated the high court’s judicially imposed good faith standard. [read post]
23 Mar 2015, 6:22 am
” The complaint also asks the court to declare the final rule invalid because tries to abrogate states’ sovereign immunity. [read post]
20 Jul 2007, 3:18 am
And I think that the present case may be a very important signal to Moldovan authorities.Another issue that may be of a significant interest is the applicability of advantages and guarantees provided by the Law that has already been abrogated. [read post]
29 Jan 2020, 12:55 pm
For those who don’t know this case, basically the US imposed a massive haircut on its lenders by abrogating the gold clauses in its debt contracts via Congressional action in 1933. [read post]
25 Apr 2013, 8:19 am
Aug. 18, 2004) (Howsam abrogates the Sixth Circuit precedent cited by Respondent); Gregory J. [read post]
19 Oct 2019, 1:38 pm
Thus, the Ninth Circuit held that a state waives soverign immunity as to all federal statutory claims in a case which the state has removed to federal court, including those federal claims that Congress did not apply to the states through unequivocal and valid abrogation of their Eleventh Amendment immunity (like the FLSA). [read post]
16 Nov 2017, 9:17 am
Notably, the court did not hold that Amendment 7 abrogates the attorney-client privilege because that privilege was not implicated in the facts of this case. [read post]
21 Jun 2010, 10:39 am
The argument there is not that RLUIPA abrogates the state's sovereign immunity, but rather that states, in accepting funds under RLUIPA, are voluntarily waiving their sovereign immunity.Together, then, Reinhard and Sossamon may well make the 2010 Term the bellwether for the Roberts Court when it comes to either following or retreating from the Rehnquist Court in one of the latter's more controversial areas of jurisprudence. [read post]
19 Aug 2022, 8:46 am
Once again, however, there remains a strong presumption against the abrogation of tribal sovereignty. [read post]
12 Jan 2023, 2:07 am
Steyn J rejected the existence of a common law right of excusal and held that the statutory right of excusal in section 405 of the Education Act 1996 (Exemption from sex education) had been abrogated by the 2021 Act. [read post]
13 Jul 2020, 6:58 am
Sonner appealed, arguing that the California legislature abrogated the inadequate-remedy-at-law doctrine for equitable restitution claims under the UCL. [read post]
29 Jul 2012, 9:28 am
It is unlikely therefore that abrogating the policy would have a significant effect on birth rates, other than in the short run. [read post]
29 Jul 2020, 3:57 pm
Indeed, such rules are treated as rules of law that an agency must abide by unless and until the rule is abrogated or amended by subsequent APA rulemaking. [read post]
