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19 Oct 2012, 2:32 pm
Justice Grimes “hesitate[d] to conclude that Concepcion abrogated Armendariz” and noted that the United States Supreme Court’s subsequent decision in Marmet Health Care Center, Inc. v. [read post]
17 Sep 2012, 4:13 am
This presumption stems from both common law and First Amendment concerns and may be abrogated only in unusual circumstances. [read post]
13 Sep 2012, 1:22 pm
Thus, to the extent that the Legislature has abrogated a cause of action, the issue is one for the court in the first instance where it is properly raised, to determine whether the complainant has established a legitimate case of sustaining serious injury. [read post]
13 Sep 2012, 7:49 am
However, the Court then said that those two cases have been abrogated by the combined effect of three decisions of the Supreme Court: Curtiss-Wright Corp. v. [read post]
13 Sep 2012, 6:33 am
” There is no question that in 1965, when there was widespread, systematic, state-sponsored discrimination against black voters in states like Alabama and Mississippi, that the Supreme Court could justify an abrogation of “our historic tradition that all the states enjoy ‘equal sovereignty’” and subject states engaging in such illicit behavior to special rules. [read post]
12 Sep 2012, 12:44 pm
The long history of pervasive southern racism justified a temporary abrogation of the traditional right of states to govern their own political processes within constitutional boundaries. [read post]
10 Sep 2012, 5:56 am
Usually by saying that so long as states have a rational basis for abrogating contracts, they can. [read post]
7 Sep 2012, 6:28 pm
My summary: Common law right to resist what the homeowner reasonably believes to be an unlawful police entry into the home, dating from the Magna Carta, has been abrogated by modern law. [read post]
6 Sep 2012, 7:08 pm
Counsel for settling defendants should give careful consideration to including in the settlement agreement a provision allowing the parties to abrogate the settlement if a good faith determination is denied. [read post]
6 Sep 2012, 7:08 pm
Counsel for settling defendants should give careful consideration to including in the settlement agreement a provision allowing the parties to abrogate the settlement if a good faith determination is denied. [read post]
6 Sep 2012, 7:08 pm
Counsel for settling defendants should give careful consideration to including in the settlement agreement a provision allowing the parties to abrogate the settlement if a good faith determination is denied. [read post]
6 Sep 2012, 12:31 pm
The Court further reaffirmed that an amendment only abrogates an existing provision when it renders that provision “wholly inoperative. [read post]
4 Sep 2012, 5:23 am
This isolated holding was not sufficient to make the right clearly established for purposes of abrogating qualified immunity. [read post]
4 Sep 2012, 5:23 am
This isolated holding was not sufficient to make the right clearly established for purposes of abrogating qualified immunity. [read post]
1 Sep 2012, 9:30 am
Not only would this mean that the Executive has the ability to expand federal power by signing a treaty, but it would mean that foreign governments could change federal power by abrogating a previously valid treaty—thus removing the constitutional authority from certain laws. [read post]
30 Aug 2012, 2:37 pm
However, the 9th concludes that the amendment does not abrogate the 9th's precedent. [read post]
30 Aug 2012, 2:57 am
The Court of Appeals disagreed, reasoning that the MMMA did not abrogate the prohibition against marijuana; it merely provided a “very limited, highly restricted exception” to the statutory proscription. [read post]
29 Aug 2012, 10:11 am
In all of these applications, a central issue is whether the proposal satisfies the Constitution’s requirement to republish existing constitutional provisions which would be altered or abrogated by the proposal. [read post]
28 Aug 2012, 1:03 pm
The unanimous Litman decision held that the Third Circuit’s prior decision in Homa was abrogated by Concepcion because the New Jersey law on which Homa relied was preempted by the FAA. [read post]
28 Aug 2012, 10:58 am
Finally, addressing the issue that divided the Court, the majority concluded that the proposal would not violate MCL 168.482(3), which requires that “[i]f the proposal would alter or abrogate an existing provision of the constitution, the petition shall so state and the provisions to be altered or abrogated shall be inserted. [read post]
