Search for: "ABROGATE"
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21 Apr 2015, 10:57 am
Windsor allows states to decide whether to recognize out-of-state same-sex marriages, and that the Final Rule invalidly attempts to abrogate the States’ sovereign immunity and thus “flies in the face” of the Supreme Court’s decision. [read post]
12 Aug 2024, 2:49 pm
Despite the inapplicability, Chief Justice Andrew Cheung and Justice Ribeiro, penning the unanimous judgment, reasoned that there is sufficient judicial oversight to ensure legislation in Hong Kong does not disproportionately abrogate its citizens’ rights. [read post]
11 Jan 2023, 2:40 pm
Coughlin presents the question whether Congress unequivocally abrogated tribal immunity in the Bankruptcy Code. [read post]
29 Apr 2010, 3:19 pm
Thus, the Court cannot place its judicial force behind a decree that expressly purports to abrogate this duty. [read post]
2 Dec 2011, 6:46 am
The latter would have abrogated decisions like Rogers v. [read post]
2 Mar 2012, 4:26 pm
In fact, if the Tailoring Rule is completely abrogated, every source that emits more than 100 or 250 tpy of CO2E would be potentially subject to regulation under the Clean Air Act. [read post]
4 May 2020, 9:42 am
More specifically, the CARES Act says such companies cannot “abrogate” existing CBAs for the terms of the loans (up to five years) and two years after completing repayment, but does nothing to explain what would constitute an abrogation. [read post]
14 Jan 2012, 6:00 am
And Congress can abrogate that immunity only through a valid exercise of its power to enforce the Fourteenth Amendment. [read post]
14 Mar 2012, 2:29 pm
The Leonard court did not accept plaintiff’s rote application of the plurality reasoning in Shady Grove – that FRCP 23 abrogates all state-law limitations on class actions. [read post]
16 Apr 2011, 6:19 am
”Therefore, the president wrote, “the executive branch will construe section 2262 not to abrogate these Presidential prerogatives. [read post]
21 Jan 2016, 12:08 pm
Nor did the LID “abrogate” anything. [read post]
9 Jan 2019, 7:42 am
Repsis, which found that the Crow’s treaty right had been abrogated, did not bar Herrera from relitigating the treaty issue. [read post]
6 Dec 2017, 9:28 am
Lundgren 17-387Issue: 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]
16 Jan 2007, 3:48 pm
The CA6 had held that the ADA did not abrogate Ohio's immunity. [read post]
6 Dec 2017, 10:35 am
The dissent emphasized the majority’s apparent disregard for longstanding precedent allowing the legislature to abrogate the at-will employment doctrine only with express wording or necessary implication. [read post]
22 Mar 2013, 3:02 pm
The second difference between the old and the new UMG opinions concerns the “knowledge” exceptions to 512 immunity, which abrogate ISP immunity when the ISP has “actual knowledge” of infringement or is “aware of facts or circumstances from which infringing activity is apparent,” the so-called “red flags” test. [read post]
29 Jan 2019, 11:19 am
Rather than guard their constitutional duties and powers, our nation’s legislators and judges frequently abrogate them, delegating and deferring to the 430 federal departments, agencies and sub-agencies that make up the administrative state. [read post]
28 Nov 2007, 12:31 pm
., which held that Congress validly abrogated the sovereign immunity of the States to suit for patent infringement. [read post]
12 Jul 2022, 9:58 pm
But, there were no votes to abrogate that precedent here--especially after Dobbs. [read post]
22 Dec 2021, 7:33 am
McCall, a tire manufacturer asked Georgia’s Supreme Court to overrule or abrogate its decision in Klein. [read post]
