Search for: "ABROGATE"
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19 Jan 2012, 9:01 am
The question before the Court is whether Congress, in passing the “self-care” provision of the Family and Medical Leave Act, validly abrogated the Eleventh Amendment sovereign immunity of states. [read post]
14 Apr 2022, 4:57 am
Here: Snoqualmie Cert Petition.pdfDownload Questions presented: Whether the federal courts have the constitutional authority to unilaterally abrogate all rights guaranteed to an Indian tribe under a treaty with the United States absent congressional action.Whether the Ninth Circuit erred by applying issue preclusion to hold that Snoqualmie was not a party to the Treaty even though the Executive Branch expressly recognizes Snoqualmie as a Treaty party.Lower court materials here. [read post]
13 Nov 2014, 6:14 am
An excerpt: While the Court’s decision is a victory for those who feared the abrogation of tribal immunity, its suggestion that states seek remedies in state law signals approval of leaving the resolution of legal questions central to state-tribe disputes to the states, even when the question concerns the extent of Indian land. [read post]
14 Aug 2007, 7:07 am
But Seana Shiffrin argues that the Supreme Court's punitive damages jurisprudence leads to the conclusion that such late fees are unconstitutional if they're too high, since they can only be imposed by legislative abrogations of the traditional rule against punitive damages in contract. [read post]
23 Mar 2020, 11:43 am
If Congress cannot abrogate for patents, as Florida Prepaid established, it cannot abrogate for copyrights, and for the same reasons. [read post]
27 Feb 2022, 3:27 am
The book tells the astonishing (to me at least) story of the abrogation of gold clauses in US corporate and government bonds in 1933 and how that abrogation is then upheld by at 5-4 vote of the US Supreme Court in 1935. [read post]
6 Nov 2019, 1:40 pm
An ordonnance may amend or entirely abrogate prior legislation. [read post]
23 Apr 2023, 1:08 pm
Bremerton</i> Abrogated <i>Engel v. [read post]
26 Jun 2022, 1:16 pm
[The Court abrogated a decade of circuit court precedent, and vitiated mountains of Second Amendment scholarship.] [read post]
31 Mar 2010, 3:22 pm
The question before the Court was whether MCL § 330.1946 completely abrogated the common-law duty of a mental-health professional to warn or protect others, including patients. [read post]
1 Aug 2007, 3:44 am
And by abrogating that law it also repealed all those facilities contained in it. [read post]
23 Apr 2012, 8:10 am
The Court considered whether the criminal statute abrogated that common-law right, and it held that it does not. [read post]
28 May 2019, 1:15 pm
Senators Coons and Tillis and a group of Representatives recently proposed an admirable piece of legislation to amend the Patent Act to abrogate Supreme Court Section 101 cases on patent eligible subject matter. [read post]
3 May 2018, 7:41 pm
Agricultural Labor Relations Board 17-1375 Issue: Whether California may impose a contract on one private employer and its employees through non-consensual, compulsory arbitration—thereby abrogating the workers’ rights to determine their own bargaining representative—without violating the due process and equal protection clauses of the Fourteenth Amendment. [read post]
22 Mar 2008, 10:07 am
[JURIST] Ousted Pakistani Chief Justice Iftikhar Mohammad Chaudhry [JURIST news archive] has characterized Pakistan's February parliamentary elections which resulted in the victory of opposition parties now joined in a coalition government as a popular verdict in favor of the country's constitution, abrogated in November when President Pervez Musharraf proclaimed emergency rule in the country and [read post]
29 Jan 2014, 12:02 pm
Speaking to a group of reporters on Tuesday [Al Jazeera report], the justice minister said that "anybody who intends to change a constitutional government or to suspend the constitution or abrogate the constitution by force commits treason." [read post]
10 Oct 2017, 5:20 pm
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]
22 Jun 2020, 2:15 pm
These extensive hearings were a strong signal of a commitment by policymakers to abrogate the disastrous and destructive Alice-Mayo inquiry. [read post]
13 Sep 2017, 2:15 am
The tribe is raising a sovereign immunity defense in the case as the tribe is a sovereign entity which is not amenable to a suit unless it consents or Congress abrogates its immunity. [read post]
27 Oct 2017, 5:20 pm
Issue: Whether the Supreme Court should abrogate Quill Corp. v. [read post]
