Search for: "ABROGATE"
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3 Dec 2019, 11:03 am
Will we ever reach a point when how women dress or whether they don’t immediately rush to tell someone they’ve been sexually assaulted are not interpreted as superceding consent in determining whether a sexual assault has occurred? [read post]
2 Dec 2019, 11:20 am
Expense Bd., 527 U.S. 666 (1999) (discussing power to abrogate immunity for violations of the Trademark Act). [read post]
22 Nov 2019, 8:10 am
Shoshone-Bannock Tribes, — F.3d —-, 2019 WL 6042469 *22 (9th Cir. 2019), encompasses exactly why this bill is misguided in its attempts to abrogate tribal sovereignty: “Making good on these due process guarantees, nearly five decades of tribal cases applying ICRA show that tribal courts protect the rights of both member and nonmember litigants in much the same way as do federal and state courts. [read post]
13 Nov 2019, 4:18 pm
New measures by the Trump administration will also hit tourism with the abrogation of cruise ship sailings and reduction in flights from the United States. [read post]
13 Nov 2019, 6:30 am
Finally, in thinking through the range of appropriate penalties to address these violations, Congress can abrogate state sovereign immunity under the Reconstruction Amendments even if it cannot do so under the Commerce Clause. [read post]
11 Nov 2019, 8:54 am
This case highlights the statute which abrogates sovereign immunity in claims of copyright infringement. [read post]
6 Nov 2019, 11:00 pm
The specific issue before the justices is “[w]hether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act in providing remedies for authors of original expression whose federal copyrights are infringed by states. [read post]
6 Nov 2019, 1:40 pm
An ordonnance may amend or entirely abrogate prior legislation. [read post]
6 Nov 2019, 9:58 am
The basic question in the case is whether CRCA is unconstitutional: Whether Congress validly abrogated state sovereign immunity via the CRCA in providing remedies for authors of original expression whose federal copyrights are infringed by states. [read post]
6 Nov 2019, 8:20 am
Katz, permitting abrogation under the bankruptcy clause. [read post]
3 Nov 2019, 3:58 am
Il prévoit également l’abrogation de la règle selon laquelle une personne ne peut accéder au trône royal si son conjoint ou sa conjointe est de confession catholique romaine. [read post]
1 Nov 2019, 8:40 pm
While the concurrence has an easy time battering its strawman, the concurrence fails to explain how our actual ruling, that DOJ has the limited authority to impose special conditions designed to meet needs for carrying out the Byrne JAG program, could abrogate or "subvert" Byrne JAG's funding scheme…. [read post]
30 Oct 2019, 8:57 am
As currently drafted, the WMA does not abrogate the scope of protections provided by the Defend Trade Secrets Act. [read post]
29 Oct 2019, 10:00 am
Allen argues that the copyright clause allows abrogation. [read post]
27 Oct 2019, 6:43 pm
Principles of common law and equity as to assignment, lien, and subrogation are abrogated to the extent necessary to ensure full recovery by Medicaid from third-party resources. [read post]
24 Oct 2019, 7:00 am
Philipp 19-351Issues: (1) Whether the “expropriation exception” of the Foreign Sovereign Immunities Act, which abrogates foreign sovereign immunity when “rights in property taken in violation of international law are in issue,” provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders, even though such claims do not implicate the established… [read post]
22 Oct 2019, 9:30 pm
It cannot be abrogated. [read post]
22 Oct 2019, 1:53 pm
” The court’s decision to “abrogate” the parties’ settlement “is directly at odds with settled law. [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]
19 Oct 2019, 11:41 am
Cooper, 18-877, the Court will address whether Congress validly abrogated state sovereign immunity in the 1990 Copyright Remedy Clarification Act (CRCA) by providing... [read post]
