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3 Oct 2013, 5:42 pm
Black's Law Dictionary defines rescission as an act "where a contract is canceled, annulled, or abrogated." [read post]
27 Sep 2013, 2:58 am
Some mention is made of the need to have meaningful exceptions and limitations (E & L) ( at p16) and the need to ensure that these are not abrogated online through the use of technological protection mechanisms protected by anti-circumvention provisions (at p29). [read post]
26 Sep 2013, 10:03 pm
Federal case law states that federal regulations apply to tribes unless one of three exceptions exists: 1) tribal self-government function, 2) if federal regulations applied would abrogate treaty rights, or 3) Congress did not intend for the law to apply to tribes. [read post]
26 Sep 2013, 9:00 am
Likewise here, the Supreme Court found that Section 3.150(a) of the EMS Act is not abrogated by the Vehicle Code. [read post]
26 Sep 2013, 6:05 am
Posted by AdminEditor's Note: This article was originally published on Bloomberg Law Reports ®. [read post]
26 Sep 2013, 3:25 am
We also hold that because Congress has not expressly abrogated tribal immunity from private, state court dram-shop claims and because the Peoria Tribe and its entities did not expressly waive their sovereign immunity by applying for and receiving a liquor license from the State of Oklahoma, the tribe is immune from dram-shop liability in state court. [read post]
24 Sep 2013, 10:24 am
Although the Kiowa Court upheld tribal immunity, it did so grudgingly and only after disparaging its own precedent, misconstruing the doctrine’s origins, questioning whether to perpetuate it, and inviting Congress to abrogate it. [read post]
23 Sep 2013, 7:37 am
County of San Diego: Ninth Circuit Decision Abrogating Tribal Official Immunity — Bill Wood, John LaVelle, Thomas Murphy Panel 6 — Policing American Indian Cultural Property — Suzan Shown Harjo, Angela Riley, Rep. [read post]
19 Sep 2013, 6:47 am
The Second Circuit concluded that the Italian Colors decision abrogated the district court’s previous basis for invalidating a class action waiver provision in an arbitration clause promulgated by Ernst & Young. [read post]
16 Sep 2013, 3:46 pm
"This Court finds that, in the absence of the type of express language found in Article XXIV of the UDCA —Nassau County, the legislative intent was not to abrogate the jurisdiction of the village courts of the five western towns of Suffolk County with regard to Penal Law misdemeanor and driving while intoxicated cases. [read post]
15 Sep 2013, 9:33 pm
” Thus, despite the existence of the overarching immunity provided to employees through the Westfall Act, the specific terms of the Gonzalez Act abrogate the FTCA’s intentional tort exception for cases of medical battery in the Military Health System—thereby exposing the United States to suit. [read post]
13 Sep 2013, 7:24 am
Cir. 1984), abrogated on othergrounds by Beatrice Foods Co. v. [read post]
13 Sep 2013, 4:22 am
In ordering Hanes to comply with the state's ban on same-sex marriage, the court said:Because only the General Assembly may suspend its own statutes and because only courts have the authority to determine the constitutionality of a statute, and because all statutes are presumptively constitutional, a public official “[i]s without power or authority, even though he is of the opinion that a statute is unconstitutional, to implement his opinion in such a manner as to effectively abrogate… [read post]
10 Sep 2013, 10:17 pm
., concurring in part and dissenting in part), abrogated on other grounds by Graham v. [read post]
4 Sep 2013, 12:57 pm
First, Michigan asks the Court to examine “IGRA as a whole” to find Congressional intent to waive of tribal sovereign immunity or, in the alternative, to overrule Santa Clara Pueblo and apply a “less strict standard” when considering whether legislation such as IGRA abrogates tribal sovereign immunity. [read post]
30 Aug 2013, 7:57 am
Outcome #3 — The Supreme Court reverses on both questions and holds that IGRA abrogates the tribe’s immunity. [read post]
30 Aug 2013, 7:57 am
Outcome #3 — The Supreme Court reverses on both questions and holds that IGRA abrogates the tribe’s immunity. [read post]
28 Aug 2013, 8:27 am
For a copy of the depublication letter, click here.In Citizens for Ceres, the Fifth Appellate District held that while Public Resources Code section 21167.6(e)(10) does not abrogate the attorney-client and attorney work-product privileges, “the common interest privilege does not protect otherwise privileged communications disclosed by the developer to the city or by the city to the developer prior to project approval. [read post]
23 Aug 2013, 3:43 pm
If, however, an interpretation of the UDCA is reached that village courts must abrogate all criminal jurisdiction to the district court of the district in which it is situated, the end result would be that the village courts would be divested of both civil and criminal jurisdiction. [read post]
22 Aug 2013, 5:03 am
., 645 F.2d 757, 760 (9th Cir.1981), abrogated on other grounds, Hoffman–La Roche Inc. v. [read post]
