Search for: "ABROGATE"
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23 Nov 2020, 5:55 pm
Federal DWI in Sandy HookNJ 18 U.S.C.A 13 Laws of States adopted for areas within Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst If charged with a DWI or drug offense at Sandy Hook, the case will be handled in the Federal Magistrate Court, currently in Newark at the Federal Courthouse. [read post]
11 Jul 2022, 5:01 am
Second, Congress could override state sovereign immunity by statute authorizing suit under its powers to enforce the 14th Amendment—though it may not use its various Article I legislative powers, such as the Commerce Clause, to abrogate in this manner. [read post]
10 Oct 2019, 12:37 pm
And although he can show that Congress sometimes uses even more specific language to abrogate the discovery rule, he falls short of explaining why the language in the FDCPA is not another example of abrogating language. [read post]
12 Jul 2012, 3:02 am
The AIA seems to abrogate the holdings in Broadcom and Global-Tech with clear language. [read post]
7 Jul 2015, 2:31 pm
Indeed, in reviewing the legislative history it is clear that the Michigan legislature did not intend the MTC to abrogate the common law in Michigan regarding self-settled spendthrift trusts. [read post]
4 Feb 2022, 12:16 pm
§ 1605(a)(2) (abrogating foreign sovereign immunity with respect to claims that are "based upon . . . an act performed in the United States in connection with commercial activity of the foreign state elsewhere"). [read post]
19 Mar 2009, 7:36 pm
Maloney, apparently ignorant of the 5th and 14th Amendments to the US Constitution, as well as the difference between government and private parties, and caring not a fig for the concept of "a deal's a deal," said that the government abrogated contracts all the time ("renegotiated" might have been the word that she used), and she gave bankruptcy court as an example. [read post]
3 Dec 2016, 8:49 pm
After the treaties were abrogated by the United States, 9 smaller reservations remain, located in North Dakota and South Dakota, including those of the three petitioners. [read post]
4 Apr 2022, 9:26 am
" This theory for abrogating sovereign immunity might have some plausibility if the Framers had actually vested all the war powers in the federal government. [read post]
15 Aug 2013, 6:38 am
Thus, the high court concluded that had the legislature intended to abrogate these long-standing common law causes of action, it would have done so explicitly. [read post]
14 Mar 2018, 11:45 am
The Supreme Court has emphasized on numerous occasions that the status of the tribes as “separate sovereigns pre-existing the Constitution” gives them sovereign immunity from litigation unless the tribe voluntarily waives the immunity or Congress abrogates it. [read post]
22 Mar 2012, 8:28 pm
But the law in America has always been ambivalent about the duty to retreat, with about half the States at any given time recognizing the duty to retreat and about half abrogating it. [read post]
23 Nov 2022, 4:00 am
We say that the Privilege is sacrosanct; that it e privilege is inviolate and cannot be abrogated. [read post]
18 Jul 2011, 3:39 am
" As I learned from reading a t-shirt the other day, the opposite of irony is wrinkly, and the cop's statement presents a fundamental wrinkle to the assertion of a right: If we have it, then by definition the police cannot abrogate it because it violates the first rule of policing. [read post]
15 Mar 2008, 1:03 pm
Moreover, with state constitutional law typically more sparse than federal law, arguments based on autonomy or gender equality are less likely to require abrogating precedent. [read post]
17 Aug 2012, 6:05 am
This would seem to indicate that these rules abrogate old case law. [read post]
18 Jun 2007, 8:57 am
The court held that the insurer's attorney-client privilege with counsel it retained to represent its own interest is not waived or abrogated in a subsequent bad faith action brought by a third party. [read post]
8 May 2009, 5:00 pm
The last solution presented is related to the Muslim possibility of abrogation. [read post]
25 Aug 2010, 6:02 pm
On remand, the Second Circuit agreed that Shady Grove abrogated its first ground for not allowing a class action. [read post]
19 Jun 2010, 11:13 am
The Times' editorial, however, implies that a state court should be able to redefine state property law without limits, even if doing so results in an abrogation of established rules. [read post]
