Search for: "ABROGATE"
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13 Jan 2012, 11:40 am
Maryland Court of Appeals, argued earlier this week at the USSC, poses a narrow but interesting question about the scope of Congress's power to abrogate state sovereign immunity by exercise of its power to enforce the equal protection guarantee. [read post]
2 Aug 2008, 1:39 pm
And from the text:One answer might be that the Constitution does in fact require some form of stare decisis (which would imply the unconstitutionality of legislation abrogating stare decisis, though not that of legislation prescribing some particular form). [read post]
27 Jun 2012, 9:21 pm
In view of the law’s imminent enforcement, many foreign banks have begun to get their US customers to sign forms to abrogate their rights to confidentiality of their account information, inform the IRS of their accounts, allow the banks the right to divulge information about their accounts to the IRS and waive the banks' legal liabilities. [read post]
17 Feb 2011, 6:28 am
Morozov's book challenges us to acknowledge ethical issues inherent in software design choices (or abrogation of responsibility for choice) made by social media services on which dissidents in repressive regimes come to rely. [read post]
20 Nov 2012, 11:35 am
Although the country’s customary court system at the lower level and at its appeals level sided with the nephew, the High Court of Botswana, in what is being lauded as a landmark case, ultimately abrogated the customary practice under the “fundamental rights and freedoms of an individual” clause of Botswana’s Constitution stating that fundamental rights apply regardless of gender. [read post]
18 Aug 2023, 12:37 pm
Their rationale was that abrogating Article 370 would integrate Kashmir into India’s broader governmental framework. [read post]
18 May 2011, 1:46 pm
The Appeals Court said the Federal government saw this as a threat to its power to regulate commercial shipping on Buzzards Bay and sued to abrogate certain provisions of the MOSPA. [read post]
23 Mar 2010, 8:01 pm
Dungo, 98 Cal.Rptr.3d 702, 711 n. 11 (Cal.App. 2009), concluding that Melendez-Diaz, abrogated Geier.So, the legal "foundation" in Meekins [and now, Brown], simply no longer exists.Finally, if there was any question that the CoA's jurisprudence is wrong, it seems that the Court [and no doubt counsel] overlooked the seminal NY case, which Justice Scalia cited in M-D, People v. [read post]
14 Nov 2014, 2:40 pm
Counsel contends that CPL 720.20 (1) (b) requires that she be so adjudicated, and if I were to refuse to do so that would abrogate her equal protection rights, and constitute punishment in violation of the Ex Post Facto Clause of the United States Constitution. [read post]
30 Mar 2011, 5:32 pm
Demahy (09-1501) concerning whether certain Circuit Court decisions “abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the FDA-approved labeling for the listed (or branded) drug,” we did get a chance to review the unofficial transcript of the oral argument. [read post]
2 Dec 2022, 6:00 am
Cooper, which found that the Copyright Remedy Clarification Act was an unconstitutional abrogation of state sovereignty for the purposes of holding state entities liable for copyright infringement…” [read post]
8 Apr 2017, 8:41 pm
Arriaga argued that Mathis abrogated Duenas-Alvarez. [read post]
17 Mar 2010, 3:45 am
Judge Shubb first addressed the applicability of the amendments of the 2009 Fraud Enforcement Recovery Act on the False Claims Act, and concluded, like prior courts, that in the Act’s section abrogating the Supreme Court’s decision in the Allison Engine Co. case, the term “claims” could refer only to claims for payment submitted to the government which were pending on the date of the Act; accordingly, the FERA amendments did not apply to the case. [read post]
25 May 2011, 3:26 pm
This right should not be constrained by the contractual abrogation of duty on the part of the opposing insurance company. [read post]
7 May 2021, 3:10 am
As a result of the same, the power of state governments to identify SEBCs has been abrogated: “the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament. [read post]
11 Dec 2010, 12:39 pm
To do so would undermine the legislative policy of the SFO providing for compulsory power to require information from a person under investigation and abrogating the privilege against self-incrimination in exchange for a limited use immunity. [read post]
6 Jan 2009, 2:37 am
” The court reasoned that it was unlikely that when Congress crafted McCarran-Ferguson, it intended any future treaty implemented by an act of Congress to be abrogated to the extent that treaty conflicted in some way with a state law regulating the business of insurance. [read post]
31 May 2016, 9:52 am
Such an amendment would effectively abrogate BIPA claims related to the collection of user faceprints by online services. [read post]
1 Jan 2008, 9:52 am
Cervantes, 219 F.3d 882, 890 (9th Cir. 2000), abrogated on other grounds by Brigham City v. [read post]
7 Dec 2011, 7:39 am
CAI’s Vice President of Government and Public Affairs, Andrew Fortin, issued a statement Tuesday saying the mortgage company’s position is not, in fact, required by federal regulations, and appears to be simply a pretext for abrogating Colorado’s superlien rights. [read post]
