Search for: "ABROGATE"
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13 Jun 2014, 7:11 pm
Department of Transportation 13-1126Issue: (1) Whether the circuit court’s ruling violated the Supremacy Clause by failing to enforce the unambiguous terms of a later-enacted statute under the last-in-time rule; (2) whether the Supremacy Clause supports a presumption that an Act of Congress should not be read to abrogate treaty provisions; and (3) whether the circuit court’s invocation of a plain statement rule in connection with a facially unambiguous statute violated the… [read post]
11 Jun 2014, 9:53 am
Since the Stand Your Ground Law does not clearly indicate intent to abrogate the common law rules with respect to preclusion, those rules still have force. [read post]
11 Jun 2014, 9:53 am
Since the Stand Your Ground Law does not clearly indicate intent to abrogate the common law rules with respect to preclusion, those rules still have force. [read post]
11 Jun 2014, 4:00 am
Whatever the merits of the increasing reliance upon private military contractors (PMCs) for tasks that have historically been the province of the U.S. military, one of the major issues such reliance has raised is the accountability mechanisms for those contractors, especially through civil and criminal litigation. [read post]
8 Jun 2014, 1:38 pm
Everyone understood that 2008 was a 100-year storm and that the government wasn't going to be in the business of abrogating contracts willy-nilly. [read post]
2 Jun 2014, 9:01 pm
It could begin, as some scholars have suggested, with abrogation of this Court’s constitutional rulings. [read post]
2 Jun 2014, 12:05 pm
“We would not give the Government’s support of the Holland principle the time of day,” these dissenters insisted, “were we confronted with ‘treaty-implementing’ legislation that abrogated the freedom of speech or some other constitutionally protected individual right. [read post]
29 May 2014, 5:38 pm
The 5-4 decision emphasizes that sovereign immunity applies unless Congress unequivocally abrogates it, although the opinion takes pains to note that Michigan had other avenues available to stop the allegedly unlawful casino. [read post]
28 May 2014, 7:41 am
But while the procedural differences between law and equity have been abrogated, the substantive differences remain.15 These substantive differences include whether there is a constitutional right to a jury trial on a given claim, and, as the Supreme Court reiterated in Petrella, whether an equitable defense such as laches is available to bar a claim for legal or equitable relief brought within the statute of limitations. [read post]
27 May 2014, 6:00 pm
The Sixth Circuit found that IGRA did not provide a waiver of tribal immunity because Michigan could not show that the Vanderbilt casino was on Indian lands.[10] The Sixth Circuit also found that the criminal statute did not expressly and unequivocally abrogate tribal immunity and did not authorize Michigan to sue a tribe. [read post]
27 May 2014, 9:01 am
” The Court agreed with the state that the Indian Gaming Regulatory Act “partially abrogates tribal sovereign immunity” by allowing a suit to enjoin gaming activity on Indian lands, but the Act does not come into play here because the gaming activity at issue in this case does not occur on Indian lands. [read post]
20 May 2014, 7:56 am
Clay Realtors Angel Fire, 416 F.3d 1195, 1202-07 (10th Cir. 2005), abrogated on other grounds by Reed Elsevier, 559 U.S. 154.M.G.B. [read post]
20 May 2014, 4:05 am
Following a discussion during the coffee break, at which this Kat pressed for abrogation of the Chatham House Rule, it was decided that any speaker who is happy to be attributed as the source of his own comments should say so. [read post]
19 May 2014, 6:09 am
United States, might simultaneously be at risk of quiet abrogation by the operation of predictive analytics. [read post]
18 May 2014, 10:30 am
The Third Circuit Court of Appeals has already examined Medicaid trust laws and concluded that “there is no reason to believe [Congress] abrogated States’ general laws of trusts. [read post]
18 May 2014, 10:30 am
The Third Circuit Court of Appeals has already examined Medicaid trust laws and concluded that “there is no reason to believe [Congress] abrogated States’ general laws of trusts. [read post]
18 May 2014, 10:28 am
In fact, the Third Circuit Court of Appeals has already examined Congressional intent in the context of Medicaid trust laws and concluded that “there is no reason to believe [Congress] abrogated States’ general laws of trusts. [read post]
18 May 2014, 10:28 am
In fact, the Third Circuit Court of Appeals has already examined Congressional intent in the context of Medicaid trust laws and concluded that “there is no reason to believe [Congress] abrogated States’ general laws of trusts. [read post]
15 May 2014, 6:27 am
Viñuales, On Legal InquiryOlivier de Frouville, On the Theory of the International ConstitutionVincent Chetail, The Legal Personality of Multinational Corporations, State Responsibility and Due Diligence: the Way Forward Philippe Weckel, Ouverture de la réflexion sur le droit international à la science des systèmesAntônio Augusto Cançado Trindade, Quelques réflexions sur l’humanité comme sujet du droit internationalEric Wyler & Alain… [read post]
13 May 2014, 8:19 am
The Media Bureau pointed out that the FCC abrogated the Fairness Doctrine in 1987 and in 2011 deleted rules enforcing the doctrine as defunct, obsolete and without current effect. [read post]
