Search for: "ABROGATE"
Results 1381 - 1400
of 3,072
Sort by Relevance
|
Sort by Date
18 Apr 2016, 6:47 am
Florida, the Supreme Court rejected Congress’s authority under the powers granted by Article I of the Constitution to abrogate a state’s sovereign immunity and subject nonconsenting states to suit in federal court. [read post]
18 Apr 2016, 5:01 am
This post examines an opinion from the Supreme Court – Bronx County, New York: People v. [read post]
18 Apr 2016, 3:51 am
We are neutral to any side other than to advocate for a healthy work comp program as it is an essential underpinning to the modern economy.I appreciate that the editorial board, and perhaps the general population of Oklahoma, may be frustrated with the legal dismemberment of the 2013 reform, but let's be clear on one thing: if a law violates a state's constitution then it is not good for ANYONE.Oklahoma certainly has had its share of workers' compensation frustration, but… [read post]
16 Apr 2016, 5:33 am
Dawkins, 386 S.C. 169, 687 S.E.2d 52 (2010), abrogated on other grounds by Lewis v. [read post]
16 Apr 2016, 4:37 am
., 319 F.3d 243 (6th Cir. 2003) (abrogated on other grounds), for the premise that ‘[a]n infringing domain name has the potential to misdirect consumers as they search for web sites associated with the owner of a trademark. [read post]
15 Apr 2016, 10:02 pm
However, zoning ordinances do not abrogate limitations of use imposed by restrictive covenants. [read post]
15 Apr 2016, 11:33 am
Judicial abrogation: Montana and its progeny’s effect on Freedmen’s treaty rights. [read post]
15 Apr 2016, 11:09 am
Law Review & Bar Journal Bulletin http://www.narf.org/nill/bulletins/lawreviews/2016lr.htmlWe added these articles:Contract and (tribal) jurisdiction.Tips for practicing in tribal courts.Judicial abrogation: Montana and its progeny's effect on Freedmen's treaty rights.Tribal court comity: Settled areas of the law.Manifest Destiny: A comparison of the constitutional status of Indian tribes and U.S. overseas territories.Insights from in-House and Interior: Top 10 lessons from my… [read post]
7 Apr 2016, 5:49 am
Notably, in enacting the ADAAA, Congress did not express any disagreement with judicial interpretations of the term “physical impairment” while expressly stating its intent to abrogate the Supreme Court’s interpretation of “substantially limits a major life activity. [read post]
6 Apr 2016, 7:25 am
Bramhall of Quinn Emanuel[i] Introduction On December 1, 2015, as part of a sweeping set of amendments to the Federal Rules of Civil Procedure, Rule 84 and its Appendix of Forms were abrogated. [read post]
29 Mar 2016, 11:04 am
Following the briefs submitted by the EEOC, which clearly abandoned its argument that the Eighth Circuit’s rule that a resolution “on the merits” is a precondition for a fee award, CRST’s reply briefing requested that the SCOTUS abrogate the Eighth Circuit’s rule as being without any foundation under Title VII. [read post]
25 Mar 2016, 10:27 am
On appeal to the nation’s Fifth Circuit, J & K argued that Pedcor Management was inapplicable because it was abrogated by Stolt-Nielsen S.A. v. [read post]
25 Mar 2016, 4:59 am
To this might now be added the claim that IP protection contributes too little to the creation of domestic employment of the high-paying variety and it merely favors a narrow class of entrepreneurs who are capable of exploiting IP protection for their personal gain, at the expense of broader social and economic interests.This is not to suggest that IP protection will suddenly be wholly abrogated by legislative fiat or judicial decision in response to an increasingly vocal public chorus of… [read post]
24 Mar 2016, 1:50 pm
” CRST’s Reply Brief On March 10, 2016, CRST filed its reply brief, quickly observing the EEOC’s abandonment of the Eighth Circuit’s rule that a resolution “on the merits” is a precondition for a fee award, id. at 1, and requesting the Supreme Court to abrogate that rule as being without foundation in Title VII. [read post]
24 Mar 2016, 6:19 am
For example, courts consider congressional abrogation of a treaty a political question beyond the reach of the judiciary. [read post]
23 Mar 2016, 1:28 pm
., 559 U.S. 662 (2010), abrogated the Circuit’s Pedcor Management decision. [read post]
23 Mar 2016, 4:00 am
The Appellate Division reversed the lower court’s ruling, explaining that “the fact that Dolan could also have been removed from his position as Commissioner pursuant to Public Officers Law §36 did not abrogate the Board's right to remove him as a member of the fire department” pursuant to General Municipal Law §209-L.As to the merits of the disciplinary action taken against Dolan, the court said that “the fire district sufficiently established that… [read post]
21 Mar 2016, 6:06 am
In doing so, the court notes the split in the circuits that has been developing, even though the Second Circuit hasn’t truly spoken yet on the issue: In sum, discrimination on the basis of transgender identity is now recognized as discrimination “because of sex” in the Ninth Circuit (as Schwenk recognized the abrogation of Holloway), the Sixth Circuit (as recognized in Smith), and in the Eleventh Circuit (as recognized in Glenn); and the E.E.O.C. [read post]
18 Mar 2016, 2:04 pm
As to that, only the concurring judge would have allowed general jurisdiction by consent – on the theory that a century-old United States Supreme Court case (that the Second Circuit concluded had been abrogated by the last fifty years of jurisdictional precedent, 2016 WL 641392, at *16-17) still controlled. [read post]
18 Mar 2016, 1:10 am
Oct. 8, 2015), the Supreme Court held that the statutory definition of “health care liability act” contained in the amendments to the HCLA passed in 2011 statutorily abrogated the nuanced approach, and that the definition contained in the statute was now the only guidance a court should consider when determining whether a claim fell under the HCLA. [read post]
