Search for: "ABROGATE"
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10 Dec 2017, 5:15 am
It is also undisputable that such power may be abrogated, limited or qualified only by the express and unequivocal action of Congress. [read post]
10 Dec 2017, 5:15 am
It is also undisputable that such power may be abrogated, limited or qualified only by the express and unequivocal action of Congress. [read post]
8 Dec 2017, 6:15 am
While the Supreme Court has repeatedly confirmed that, as a matter of judicial construct, Native American Tribes (like the Tribe) can be immune from “suits” in a court absent abrogation or waiver (see Paper 81, at 8), such immunity does not extend to all government action. [read post]
8 Dec 2017, 6:15 am
While the Supreme Court has repeatedly confirmed that, as a matter of judicial construct, Native American Tribes (like the Tribe) can be immune from “suits” in a court absent abrogation or waiver (see Paper 81, at 8), such immunity does not extend to all government action. [read post]
6 Dec 2017, 2:48 pm
ATTORNEY PERLIN: Subsection -- Section 1609 says that Section 1610 -- execution under 1610 is subject to international agreements like the Vienna Convention which would protect diplomatic property, and Section 1611 protects military assets, certain central bank assets.JUSTICE BREYER: Okay.ATTORNEY PERLIN: Congress, when they enacted 1610(g), they did not completely abrogate foreign sovereign immunity for terrorist states. [read post]
6 Dec 2017, 10:35 am
The dissent emphasized the majority’s apparent disregard for longstanding precedent allowing the legislature to abrogate the at-will employment doctrine only with express wording or necessary implication. [read post]
6 Dec 2017, 10:35 am
The dissent emphasized the majority’s apparent disregard for longstanding precedent allowing the legislature to abrogate the at-will employment doctrine only with express wording or necessary implication. [read post]
6 Dec 2017, 9:28 am
Lundgren 17-387Issue: Whether a court’s exercise of in rem jurisdiction overcomes the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity, and Congress has not unequivocally abrogated it. [read post]
5 Dec 2017, 1:54 pm
Utah Labor Commission (Utah, December 1, 2017) (affirming denial of temporary total disability: Utah Code § 35-1-65 does not abrogate any previously existing remedy, since the legislature created an adequate substitute remedy in workers' compensation; it is therefore no violation of the Open Courts Clause)Waite v. [read post]
5 Dec 2017, 8:31 am
Lundgren, 17-387 Issue: Whether a court’s exercise of in rem jurisdiction overcomes the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it. [read post]
1 Dec 2017, 3:00 pm
Thus, unless the General Dynamics Corp. and KBR decisions are overturned or abrogated, or at the very least rejected by other Circuits, contractors must eat the costs of litigation caused by DCAA audit reports regardless of how carelessly they have been prepared. [read post]
21 Nov 2017, 10:00 am
This series will be open to a variety of topics, including voter suppression; gerrymandering, electoral fraud, and other voting-related matters; the enduring effects of Citizens United; the abrogation of constitutional norms within the three branches of government; the influence of private interest groups in state and federal law making; and other related topics. [read post]
20 Nov 2017, 6:33 am
Supreme Court has held that statutes shouldn’t be read to abrogate long-standing remedial principles without a clear statement to that effect (Nken v. [read post]
19 Nov 2017, 5:45 am
District Court order (the “Google Order”) abrogated a fundamental principle of international law by failing to subject the Equustek Order to traditional principles that govern the enforcement of foreign judgments demanded by principles of private international law and international comity. [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]
10 Nov 2017, 1:44 pm
Harris and subsequent decisions, which abrogated the use of special standards in deadly force cases and established “reasonableness” as the ultimate and only inquiry; and (2) whether, in light of the direct conflict with several of its sister circuits, the U.S. [read post]
10 Nov 2017, 5:41 am
2017-10-05 Herrera Cert Petition Question presented: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family. [read post]
9 Nov 2017, 6:31 am
PUBLIC POLICY, WELLS FARGO'S WAY Two out of three justices on a panel of the Fourteenth Court of Appeals in Houston find no problem with blanket waiver of the statute of limitations defense along with all others (except payment) in a guaranty agreement. [read post]
9 Nov 2017, 6:31 am
PUBLIC POLICY, WELLS FARGO'S WAY Don't like a law - Make the customer waive it in the fine print.Two out of three justices on a panel of the Fourteenth Court of Appeals in Houston find no problem with blanket waiver of the statute of limitations defense along with all others (except payment) in a guaranty agreement. [read post]
7 Nov 2017, 10:00 pm
If the bill is passed, it will be the first-time sovereign immunity is abrogated by Congress. [read post]
