Search for: "ABROGATE"
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2 Oct 2011, 5:08 pm
In this one, the Court will examine "[w]hether Congress constitutionally abrogated states’ Eleventh Amendment immunity when it passed the self-care leave provision of the Family and Medical Leave Act (FMLA). [read post]
15 Apr 2008, 8:35 am
The District Court agreed with the defendants, finding that the Copyright Remedy Clarification Act "was not passed pursuant to a valid exercise of [Congress's] Fourteenth Amendment enforcement powers," and "does not constitute a valid abrogation of state sovereign immunity. [read post]
7 Feb 2012, 2:00 am
For example, would the statement that a corporation is not a person abrogate existing state statutes such as those described above defining “person” to include corporations? [read post]
19 Mar 2018, 9:17 am
The Court’s Analysis The court found in favor of the coffee shop, noting that any duty that would normally arise on behalf of the coffee shop was abrogated by the presence of the boy’s parents. [read post]
15 Apr 2008, 7:44 am
The District Court agreed with the defendants, finding that the Copyright Remedy Clarification Act "was not passed pursuant to a valid exercise of [Congress's] Fourteenth Amendment enforcement powers," and "does not constitute a valid abrogation of state sovereign immunity. [read post]
27 Dec 2014, 7:41 pm
As a letter to lenders says: “It is apparent … that the wholesale use of deeds of trusts in lieu of mortgage instruments to secure home loans is intended to modify and abrogate the protections afforded a homeowner by the judicial foreclosure process and the [New Mexico] Home Loan Protection Act. [read post]
16 Jan 2015, 9:29 am
Runner Up Tribal sovereign immunity — a huge winner in 2014, with the Supreme Court reaffirming its commitment to tribal immunity and to Congress’s prerogative when it comes to abrogating that immunity instead of the Supreme Court. [read post]
2 Jun 2008, 5:55 am
In 1933 Congress and the Roosevelt administration abrogated all clauses in existing debt contracts requiring repayment in gold (i.e. protecting lenders from dollar inflation), and by doing so effectively wrote down existing obligations of debtors by 69%. [read post]
3 Jun 2012, 7:32 am
" In so holding, the court also seemingly abrogated a line of cases under the precursor to Rule 32(i)(3), the 1983 through 1994 version, which was codified as Rule 32(c)(3)(D). [read post]
25 Apr 2011, 11:00 am
Nat’l Football League, 41 F.3d 402, 406 (8th Cir. 1994), abrogated on other grounds by Amchem Prods. v. [read post]
6 Feb 2008, 4:59 pm
In other words, what set of substantive rights and/or obligations, if any, does a married couple possess that, because of their constitutionally protected status under the state Constitution, may not (in the absence of a compelling interest) be eliminated or abrogated by the Legislature, or by the people through the initiative process, without amending the California Constitution? [read post]
14 Feb 2011, 11:17 am
Basically, the trial judge's argument is:Common Law = ALegislature does not abrogate common law.Common Law = A(Post 2 of 4: Post 3 at 6 p.m. [read post]
11 Jun 2008, 4:05 am
The 3,600 mile walk was successful in its purpose: to gather enough support to halt proposed legislation abrogating Indian treaties with the U.S. government. [read post]
15 Jul 2011, 2:00 am
Rule 68, SCRCP, does not abrogate any contractual rights to attorneys’ fees or “other monies. [read post]
13 Jul 2015, 7:22 am
The question during argument that still resonates for me is whether courts have the right to abrogate polygamous marriages. [read post]
23 Oct 2015, 3:03 pm
Now they need to vigorously take this up to the Supreme Court to have Cook overruled or get Congress to abrogate it by statute. [read post]
27 Apr 2012, 11:44 am
Since it has not been expressly abrogated or overruled, Gentry appears to remain the binding law in California. [read post]
12 Jun 2012, 6:02 pm
The older common law rule required a "breaking and entering;" however the legislature has abrogated the breaking element and now the law merely requires an entry with an intent to commit a felony. [read post]
28 Apr 2009, 4:27 am
” As a result of the Minister’s long failure to act, Justice Russell ordered Environment Canada to immediately begin collecting and reporting information on pollutants in mine tailings and waste rock: My conclusion is that the discretion and power to gather information under section 46 cannot be used to abrogate mandatory obligations under sections 48 and 50 of CEPA…. 1. [read post]
22 May 2019, 12:32 pm
No implicit or other judicially created exceptions to subject matter eligibility, including “abstract ideas,” “laws of nature,” or “natural phenomena,” shall be used to determine patent eligibility under section 101, and all cases establishing or interpreting those exceptions to eligibility are hereby abrogated. [read post]
