Search for: "ABROGATE"
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8 Jan 2007, 7:32 pm
Robin Maher does an incredible job recruiting large law firms to shoulder this responsibility; an essential check and balance largely abrogated by death penalty jurisdictions. [read post]
16 Mar 2009, 4:56 pm
If we let the government retroactively abrogate valid employment agreements, what is the impact on business in the US? [read post]
10 Jan 2012, 1:08 am
Michael Vincent (J.D. 2012, Arizona State), Computer-Managed Perpetual Trusts, 51 Jurimetrics J. 399 (2011): Many states have now abrogated the rule against perpetuities, opening their doors (and coffers) to perpetual trusts. [read post]
15 Sep 2007, 8:14 am
IN MIAMI, FRED THOMPSON SPEAKS AGAINST GUN CONTROL LAWS: 'I do not think that abrogating Second Amendment rights is a good idea,'' the Republican said at the Versailles restaurant in Little Havana. [read post]
20 May 2019, 12:00 pm
The holding: Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.Justice Sotomayor wrote the opinion, which can be accessed here. [read post]
9 Mar 2023, 8:01 am
To continue my sovereign immunity discussion from yesterday, a federal court last year found that Congress did not abrogate state sovereign immunity under the Voting Rights Act. [read post]
3 Jun 2020, 12:39 pm
Department of Education and its servicers in this case were governmental units as defined in Code § 101(27), and Code § 106(a) unmistakably abrogated the Department’s sovereign immunity. [read post]
17 Nov 2010, 10:05 pm
In 1935, the Supreme Court heard constitutional challenge to the abrogation of "gold clauses" in contracts and [read post]
8 Dec 2017, 6:15 am
While the Supreme Court has repeatedly confirmed that, as a matter of judicial construct, Native American Tribes (like the Tribe) can be immune from “suits” in a court absent abrogation or waiver (see Paper 81, at 8), such immunity does not extend to all government action. [read post]
16 Aug 2019, 10:15 am
This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to precedential PTAB opinions; China announced that it will create a credit rating mechanism for patent agents; Russ Slifer Op-Ed revives 101 debate; the FCC will approve the proposed T-Mobile/Sprint merger; amicus briefs filed at the Supreme Court support the abrogation of state sovereign immunity against copyright claims; Nintendo… [read post]
25 Aug 2006, 12:07 pm
Supreme Court’s 2003 Hibbs decision had found that FMLA’s family-care provisions validly abrogated state [...] [read post]
10 Dec 2017, 5:15 am
It is also undisputable that such power may be abrogated, limited or qualified only by the express and unequivocal action of Congress. [read post]
1 Sep 2021, 1:15 pm
Copyright Office produced a similar, much lengthier report, also in response to a letter from Tillis and Leahy, studying whether there is sufficient basis for federal legislation abrogating State sovereign... [read post]
3 Jun 2020, 12:39 pm
Department of Education and its servicers in this case were governmental units as defined in Code § 101(27), and Code § 106(a) unmistakably abrogated the Department’s sovereign immunity. [read post]
6 Aug 2008, 6:20 pm
The certified question is:Does New York General Obligations Law 15-301(1) abrogate, in the case of a contract where the second of two irreconcilable provisions requres that any modifications to the agreement be made in writing, the common law rule where two contractual provisions are irreconcilable, the one appearing first in the contract is to be given effect rather than the one appearing subsequent? [read post]
20 Jan 2012, 12:02 am
It should be abrogated" David Bussel, "No Conflict. [read post]
19 Jun 2019, 6:15 am
Today is Alice’s fifth birthday; some may not be celebrating, but as a birthday gift, John Vandenberg argues the decision was not new law and should not be abrogated. - On the third day of the U.S. [read post]
11 May 2016, 7:08 am
Administrative law — Termination of employment — Memorandum of understanding This case turns on whether appellant Allen Tiffany is right that the University of Maryland, College Park’s (the “University”) collective bargaining agreement with the American Federation of State, County, and Municipal Employees (the “Union”) abrogated the University’s existing policy regarding non-cause termination of regular exempt ... [read post]
13 Jan 2008, 3:14 am
[JURIST] Ousted Pakistani Supreme Court Justice Rana Bhagwandas [JURIST news archive] was placed under house arrest Saturday for urging members of the Karachi Bar Association to boycott judges who had taken oaths of office under President Pervez Musharraf's now-abrogated Provisional Constitutional Order [text] following his November 3 declaration of emergency rule [JURIST report]. [read post]
21 Mar 2012, 10:19 am
Court of Appeals of Maryland [SCOTUSblog backgrounder] on the abrogation of states' Eleventh Amendment [Cornell LII backgrounder] sovereign immunity by the self-care leave provision of the Family and Medical Leave Act (FMLA) [DOL backgrounder]. [read post]
