Search for: "ABROGATE"
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24 Jan 2014, 1:03 pm
He's exactly right that the Court of Appeal can't abrogate the primary rights doctrine by itself. [read post]
24 Jan 2014, 7:32 am
“Abrogating Toyota,” the appeals court noted, the ADAAA provided that the definition of disability under the Act “shall be construed in favor of broad coverage of individuals. [read post]
23 Jan 2014, 11:49 am
Abrogation of Rule 84 and the Official Forms violates the Rules Enabling Act of 1934. [read post]
21 Jan 2014, 6:00 am
While personal liability of a volunteer committee member may be rare, absent fraud or intentional misconduct, a committee member that accepts such responsibilities must not abrogate them or act negligently in attempting to discharge their duties. [read post]
16 Jan 2014, 9:30 pm
Since current Dutch legislation does not contain general provisions on presumptions even though such presumptions still play a role in modern Dutch private law, various Articles of the Dutch Civil Code of 1838 (abrogated in 1992) will be discussed, for example Article 1903 which lists the various means of proof that are recognized by this Code, including presumptions. [read post]
16 Jan 2014, 4:30 am
Part 2: The failure of the Federal/Provincial Task Force on Uniform Rules of Evidence to have its Uniform Evidence Act enacted, because the piecemeal amendment of the law of evidence is preferred Late in 1977, because of the “mixed” reception that the Law Reform Commission of Canada’s proposal for an Evidence Code to replace the Canada Evidence Act had received nationally, the Federal/Provincial Task Force on Uniform Rules of Evidence had been formed under the sponsorship of the… [read post]
15 Jan 2014, 3:12 pm
In fact, two bills (AB 953 and SB 617) proposed in 2013 would have abrogated the “no CEQA-in-reverse” line of cases and established a contrary general rule for CEQA analysis, but the Legislature rejected them. [read post]
13 Jan 2014, 9:37 am
Abrogation of Rule 84 and the Official Forms violates the Rules Enabling Act of 1934. [read post]
11 Jan 2014, 3:39 pm
“Therefore, the executive branch will construe [the law as to] not to abrogate these Presidential prerogatives. [read post]
10 Jan 2014, 6:01 pm
Approval Law 1 came after vocal opposition to previous Law 120 of 2013 from the Panama Bar Association, the Panama Association of Enterpreneurs (APEDE), and other groups of logistics and financial employers - including the pro-bearer share immobilization Panama Banking Association.Law 1 abrogated Law 120 of 2013 which had been valid for 12 days and reinstated the validity of Article 694 of the Tax Code. [read post]
9 Jan 2014, 3:51 pm
Second, the defense of laches is available unless Congress makes a clear statement abrogating it, and the mere enactment of a statute of limitations is not a clear statement of abrogation. [read post]
6 Jan 2014, 11:27 am
Brooke Coleman has posted an essay on SSRN, "Abrogation Magic: The Rules Enabling Act, Civil Rule 84, and the Forms. [read post]
31 Dec 2013, 7:44 pm
At its Conference on January 10, 2014, the Court will consider petitions seeking review of issues such as whether streaming live television is a “public performance,” class certification for a products liability class, a state law prohibiting abortions after twenty weeks, and Lanham Act claims arising from juice labels. [read post]
26 Dec 2013, 9:18 am
This decision abrogates the Constitutional right to confrontation provided by the 6th Amendment to the United States Constitution. [read post]
18 Dec 2013, 2:10 pm
These presumptions give force to the idea that the executive function should not be performed robotically, while at the same time they prevent the two forms of non-enforcement that most closely resemble the abrogated royal suspending and dispensing powers. [read post]
18 Dec 2013, 8:06 am
Here is the opinion: Michigan v SSM CA6 Opinion An excerpt: Because the State is not suing to enjoin a class III gaming activity, but instead a trust submission under MILCSA, § 2710(d)(7)(A)(ii) of IGRA does not abrogate the Tribe’s sovereign immunity, and the district court lacked jurisdiction. [read post]
17 Dec 2013, 12:46 pm
The decision left untouched the part of Sandoz that plaintiffs do not like and abrogated the part that plaintiffs do like. [read post]
16 Dec 2013, 9:00 pm
The court did, however, note that agreements cannot contain language that might make an employee think filing a charge with the NLRB is prohibited- that right cannot be abrogated through an arbitration agreement. [read post]
13 Dec 2013, 2:52 pm
Here, there is no indication on the face of the Article 10 statute or its legislative history that the legislature, in enacting Article 10, intended to abrogate the well-settled evidentiary requirements applicable to change of venue motions based on criminal witness convenience. [read post]
13 Dec 2013, 5:16 am
How Financial Institutions May Benefit from Changes to the Rule Against Perpetuities by Reid K.Weisbord in the CLS Blue Sky Blog Now that most jurisdictions have repealed or abrogated the Rule Against Perpetuities, estate planning practitioners have started to consider whether a trust created to comply with the Rule could, after the Rule’s repeal, be extended in perpetuity to provide for future generations of the settlor’s descendants. [read post]
