Search for: "ABROGATE"
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6 Mar 2018, 5:00 am
” The abrogation of tribal sovereign immunity can be legislated by Congress, (which, as has been noted, was already attempted by Sen. [read post]
18 Sep 2017, 5:08 am
Lundgren: Cert Petition Question presented: Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it? [read post]
4 Jun 2020, 6:47 am
Cooper, which held that the Copyright Remedy Clarification Act of 1990 lacked a proper constitutional foundation to abrogate states’ immunity, under the 11th Amendment, from private copyright infringement suits. [read post]
20 Jan 2013, 9:00 pm
The New York Senate has largely abrogated its responsibility in the [read post]
27 Apr 2009, 10:03 am
For more on the abrogation, check out this New York Times article. [read post]
11 Oct 2017, 5:08 am
Here: 2017-10-05 Herrera Cert Petition Question presented: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family. [read post]
24 Feb 2014, 6:34 am
Finally, there is a current example of how the proposed abrogation of the forms is problematic. [read post]
15 Jun 2023, 7:05 am
Here is the opinion in Lac du Flambeau Band of Lake Superior Chippewa Indians v. [read post]
19 Oct 2016, 5:03 am
Here is the opinion in Williams v. [read post]
6 May 2022, 10:34 am
Here is the opinion in In re Coughlin: In re Coughlin.pdfDownload Alert — circuit splitBriefs here. [read post]
11 Apr 2018, 11:50 am
Here are the materials in In re Money Centers Inc. [read post]
31 Jan 2018, 10:55 am
Question presented: Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it? [read post]
10 Nov 2017, 5:41 am
2017-10-05 Herrera Cert Petition Question presented: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family. [read post]
6 Nov 2008, 12:45 pm
. - Austin 1993):A procedural due-process requirement of notice and herring does not necessarily abrogate the state's immunity from suit and immunity from liability...Both Rule 165a and 306a provide for procedural relief in the event a party fails or neglects to appear at any herring or trial of which the party had notice...In the absence of a herring by submission, a hearing contemplates a formal, adversary oral presentation by the parties... [read post]
15 Aug 2010, 9:32 pm
The 1980 law empowers the federal agency funding the research, here the HHS, to abrogate Genzyme's U.S. [read post]
3 Nov 2010, 6:55 am
At issue in the two related cases is whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the labeling approved by the Food and Drug Administration for the listed (or branded) drug. [read post]
12 Nov 2010, 3:03 am
R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); [2010] WLR (D) 287 “The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance. [read post]
24 Aug 2011, 12:28 pm
" Similar to § 1324(d), § 3144 contains no language abrogating the constitutional requirement of establishing unavailability prior to the admission of preserved testimony. [read post]
18 Sep 2007, 3:30 am
Fleuti, 374 U.S. 449, 460-61 (1963) has since been abrogated, and lawful permanent residents that leave the country briefly are, indeed, "entering" the country. [read post]
18 Sep 2018, 2:53 am
Judge Leeson also reaffirmed the precedent holding that cases interpreting the Pennsylvania long arm statute in this regard have not be abrogated by more recent United States Supreme Court precedent. [read post]
