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10 Jul 2011, 6:50 am
In analyzing the case, the Court said that the Eleventh Amendment confirms that States entered the Union with their sovereign immunity intact, and thus may not be sued in federal court without their consent (unless Congress has validly abrogated the immunity). [read post]
11 Dec 2019, 11:59 am
Tribal sovereign immunity overcomes bankruptcy code abrogation. [read post]
10 Nov 2009, 7:15 am
., A-3737-07T1, November 10, 2009: "Procedural rules are not abrogated or abridged by plaintiff's pro se status. [read post]
7 Oct 2013, 5:03 am
Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove westward. [read post]
22 May 2009, 7:55 am
Indeed, although the French Parliament was willing to ratify the ICC Statute and at the same time adopt a constitutional amendment abrogating the immunities and future amnesties granted to its own members and the President of the French Republic, U.S. opposition to the treaty has been consistent and, at times, overwhelming. [read post]
16 Apr 2024, 12:47 am
The Loi concernant la séparation of 1905 abrogated almost all of the previous Concordat except in Alsace and Lorraine, so it is difficult to see why the Codex Iuris Canonici 1983 could have any higher status in French law than the rules of any other private organisation. [read post]
2 May 2011, 9:58 am
In the second case, the European Court of Human Rights held that German law enforcement authorities could not abrogate the prohibitions against torture or cruel, inhuman, and degrading treatment even under circumstances where the life of an innocent child appeared to be at stake. [read post]
26 May 2021, 5:01 am
I think that's true, as others have observed; and it put me in mind of a passage from Edmund Burke's Mar. 22, 1775 Speech on Conciliation with America: Pursuing the same plan of punishing by the denial of the exercise of government to still greater lengths, we wholly abrogated the ancient government of Massachusetts. [read post]
26 Mar 2007, 9:49 pm
This method, while effective in assigning greater bandwidth to desired network traffic and less bandwidth to undesirable traffic, is arguably an abrogation of the DMCA online service provider safe harbor when read in light of the Supreme Court's holding in MGM v. [read post]
20 Jul 2023, 11:38 am
What the circuit court and the parties fail to recognize is that the 1979 Guidelines were explicitly abrogated and replaced by the BIA when it promulgated the 2016 Guidelines. [read post]
20 Sep 2009, 6:48 pm
In what appears to be a pre-arranged agreement, the Swiss government will pass legislation abrogating Swiss banking laws and directing UBS to disclose the requested information. [read post]
19 Mar 2019, 11:36 am
The court’s majority disagreed, finding more persuasive the Trump administration’s argument that the government’s duty to detain aliens who have committed certain crimes is not abrogated if the government fails to detain the individual immediately upon release. [read post]
6 Jul 2022, 11:07 am
Notably, the best mode requirement has been abrogated under the AIA patent system. [read post]
20 Aug 2009, 7:36 pm
South Carolina Coastal Council, 505 U.S. at 1029-30, necessitate that property owners be protected, via the judicial takings doctrine, against state court decisions that abrogate constitutional rights.More about the case on our resource page. [read post]
16 Aug 2010, 1:44 am
Via Chamblee Burch and Solum, David Rosenberg and Luke McCloud have written a paper proposing that the "problem" of nationwide federal diversity class actions where there are differences in state law that would normally preclude class certification be resolved by a judicially-created "average law," whereby the rights of class members subject to plaintiff-friendly state laws be abrogated to benefit class members who are subject to state laws that are not as… [read post]
1 Aug 2008, 10:09 am
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]
13 Jul 2010, 7:44 am
., 903 F.2d 1486, 1489 (11th Cir. 1990), abrogated in part by Reed Elsevier, 120 S. [read post]
18 Apr 2019, 7:36 pm
In affirming this practice, the Federal Circuit explained that common-law doctrines are subject to abrogation of the AIA statutes. [read post]
25 Jun 2024, 9:13 pm
FDA, in abrogating the requirement for switching studies, has removed the only significant barrier to interchangeability. [read post]
8 Apr 2013, 9:56 am
Georgia’s Parking Lot Law does not completely abrogate an employer’s authority to regulate gun control on its premises. [read post]
