Search for: "ABROGATE" Results 101 - 120 of 3,043
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15 Jun 2023, 8:55 pm by Lawrence Solum
Reinert claims that, in this lost text, the act exlicitly abrogated common-law immunities. [read post]
8 Sep 2020, 3:07 pm by Josh Blackman
["The order would abrogate the right to access the courts, violate limits on the Supremacy Clause, implicate the nondelegation doctrine, and traduce anti-commandeering principles. [read post]
29 Jul 2008, 8:25 am
Presidential candidate Barack Obama's perhaps premature victory lap overseas emphasizes the extent to which one of the major implications of the fall elections will be repairing America's image in the world after eight years of our government thumbing its nose at other nations.By his second term, even President Bush began to shift policies hoping to repair our worldly image. [read post]
22 Aug 2019, 10:00 am by Scott Hervey
The issue before the Supreme Court is whether Congress validly abrogated state sovereign immunity when it enacted the CRCA. [read post]
10 Nov 2010, 2:48 pm by Brian M. Peterson
 To abrogate the immunity, Congress must do two things: (1) it must unequivocally declare its intent to abrogate, and (2) it must act pursuant to a valid exercise of its power.The Fourth Circuit had no doubt that the first element was satisfied here. [read post]
7 Sep 2012, 6:28 pm
My summary: Common law right to resist what the homeowner reasonably believes to be an unlawful police entry into the home, dating from the Magna Carta, has been abrogated by modern law. [read post]
17 Jun 2019, 9:04 am by Kate Fort
From the Federal Circuit Court of Appeals: Opinion And, contrary to UMN’s arguments, Saint Regis did not base its reasoning on implied abrogation of tribal sovereign immunity. [read post]
23 Dec 2021, 6:40 am by Matthew L.M. Fletcher
Lummi Nation: Cert Petition.pdfDownload Question presented: The question presented is whether the Ninth Circuit—in conflict with decisions of this Court and other courts—properly abrogated the long-settled and original understanding of a central treaty term, without any legal or factual basis for doing so, and while redefining the boundary of a major body of water to accommodate its novel treaty interpretation. [read post]
9 Jul 2014, 1:21 pm by Matthew L.M. Fletcher
Stabenow and to the Chairs of SCIA and SENR regarding a bill that would abrogate tribal water rights. [read post]
1 Mar 2019, 6:39 am by Aurora Barnes
Cooper 18-877 Issue: Whether 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]
7 Dec 2010, 9:23 am by Ted Frank
Nicholas & Butler is the California law firm that launched the suit against AT&T Mobility seeking to abrogate their arbitration agreement as "unconscionable. [read post]
9 Nov 2021, 8:15 am by IPWatchdog
Representative Thomas Massie (R-KY) on November 5 introduced a bill, titled the Restoring America's Leadership in Innovation Act of 2021 (RALIA), HR 5874, that would repeal the Patent Trial and Appeal Board (PTAB), return the patent system to a “first-to-invent” model, rather than first-to-file, and would end automatic publication of patents. [read post]
9 Nov 2021, 8:15 am by IPWatchdog
Representative Thomas Massie (R-KY) on November 5 introduced a bill, titled the Restoring America's Leadership in Innovation Act of 2021 (RALIA), HR 5874, that would repeal the Patent Trial and Appeal Board (PTAB), return the patent system to a “first-to-invent” model, rather than first-to-file, and would end automatic publication of patents. [read post]
24 Mar 2020, 2:28 am by Austin Koltonowski
Cooper that a state cannot be sued for copyright infringement because Congress did not validly abrogate sovereign immunity when it enacted the Copyright Remedy Clarification Act (CRCA) of 1990. [read post]
20 Apr 2023, 3:49 pm by Ronald Mann
Second, courts will read federal statutes to abrogate that immunity only when they speak to the point “unequivocal[ly]. [read post]
18 Dec 2013, 8:06 am by Matthew L.M. Fletcher
Here is the opinion: Michigan v SSM CA6 Opinion An excerpt: Because the State is not suing to enjoin a class III gaming activity, but instead a trust submission under MILCSA, § 2710(d)(7)(A)(ii) of IGRA does not abrogate the Tribe’s sovereign immunity, and the district court lacked jurisdiction. [read post]