Search for: "ABROGATE"
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16 Nov 2006, 1:46 pm
Katz, 533 U.S. 194 (2001), the Court holds that the Congress did not abrogate the Maine's Eleventh amendment immunity, because, after a case officer told the cops to check on him, resulting in the tragedy: "We cannot say the officers had fair warning under the law that if they entered the house when they did, they would violate Buchanan's Fourth Amendment rights. [read post]
18 Apr 2023, 8:55 pm
Here is the abstract: The 1992 Constitution of Ghana empowers its citizens under Article 3 to defend the Constitution and by so doing resist any person or group of persons seeking to suspend, overthrow or abrogate the Constitution or any part of it. [read post]
29 Mar 2011, 3:19 pm
Congress is barred from abrogating state sovereign immunity or from commandeering state legislatures and executive officials, but those same goals can be accomplished by withholding federal funds from the states if they refuse to acquiesce. [read post]
29 Aug 2012, 10:11 am
In all of these applications, a central issue is whether the proposal satisfies the Constitution’s requirement to republish existing constitutional provisions which would be altered or abrogated by the proposal. [read post]
25 Aug 2022, 3:52 am
By formulating a legal rights framework for reproductive justice in American jurisprudence, I discuss how the reproductive justice movement is grounded in U.S. law beyond the right to terminate a pregnancy that the Supreme Court abrogated in Dobbs v. [read post]
27 Dec 2021, 7:53 am
In the opinion, Wood wrote, “Steadfast fidelity to, and vigilance in protecting First Amendment freedoms cannot be permitted to abrogate the fundamental protections of attorney-client privilege or the basic right to privacy. [read post]
28 Jul 2008, 3:37 pm
Nevertheless, the abrogation did not prevent the emergence of farm suicides in India, which have occurred since the middle of the 1990s. [read post]
30 Aug 2012, 2:37 pm
However, the 9th concludes that the amendment does not abrogate the 9th's precedent. [read post]
1 Feb 2012, 12:38 pm
In terms of how it affects current contracts or agreements, the bill provides that it would apply only to contracts entered into, modified, renewed or extended after March 14, 2012; the new law would not apply or abrogate contracts that were already in effect as of March 14, 2012. [read post]
25 Jan 2007, 12:43 pm
I doubt that supporters of this proposition would also support abrogation by statute of the business judgment rule and repeal of the PSLRA. [read post]
4 May 2011, 8:07 pm
According the amicus, (1) a majority of American jurisdictions support Steigman’s negligence claims; (2) the Restatement (Second) of Torts § 343A does not create an absolute defense for open and obvious conditions and must be read in conjunction with § 343; (3) in Hawaii products liability law, the obviousness of a danger does not relieve a manufacturer of a duty to reasonably protect a consumer, and Hawaii premises liability law should accordingly not have a different and… [read post]
15 Feb 2010, 11:05 am
Fortunately, the Michigan Courts lack jurisdiction to abrogate simple logic and plain common sense. [read post]
6 Apr 2010, 1:14 pm
The lawsuit claimed that Schwab decreed in 2001 that YieldPlus would hold a maximum of 25 percent of private-label mortgage-backed securities, but in 2006 changed its Statement of Additional Information to allow the fund managers to abrogate that requirement without obtaining shareholder approval. [read post]
20 Oct 2015, 12:08 pm
The Wisconsin-based CERA is the most notorious organized anti-Indian group in the United States, dedicated to terminating tribal governments, abrogating treaties and turning management of tribal resources over to state government. [read post]
11 Mar 2015, 6:05 am
Nonetheless, one potential hurdle to non-compliance with or abrogation of the Iran deal – international law – will apparently not be present. [read post]
5 Aug 2016, 11:36 am
This was a mistake, because – as the government acknowledged on appeal – Springfield had been abrogated by Leocal v. [read post]
27 Mar 2008, 4:22 pm
The Court was unabashed about this change of course: it explicitly abrogated a core element of its 1957 decision in Conley v. [read post]
31 Mar 2020, 4:49 am
Constitution gives Congress the power to secure copyright holders the exclusive right to their discoveries, but the Clause says nothing about abrogating states’ sovereign immunity. [read post]
5 Oct 2011, 4:30 am
When they have been unable to secure such concessions, they have resorted to unilateral action abrogating their collective bargaining agreements. [read post]
22 Jun 2016, 8:15 am
., supra, this Court explained that the “baseline position … is tribal immunity; and [t]o abrogate [such] immunity, Congress must unequivocally express that purpose …. [read post]
