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28 Aug 2012, 6:51 am
My own view, completely personal and to be ascribed only to myself: I think Congress abrogated its responsibility by delegating a question of national policy, with enormous implications for job growth, to an administrative agency. [read post]
27 Aug 2012, 10:47 am
., it meant to abrogate the Eleventh Amendment ban against suing a state in federal court.) [read post]
23 Aug 2012, 4:04 pm
The court said that it found nothing in the Basic Authorities Act, 22 U.S.C. 2669(c)2(c), relied upon by the State Department for its action that abrogated the ADEA’s broad proscription against personnel actions that discriminate on the basis of age.*** Noting that the Supreme Court has recognized that the ADEA’s sweeping mandate “broadly prohibits arbitrary discrimination in the workplace based on age,” citing Lorillard v Pons, 434 U.S. 575, the Circuit Court… [read post]
20 Aug 2012, 4:01 am
I also examine, in subpart B, whether Congress abrogated this treaty right, thus terminating native whaling rights held under the Treaty. [read post]
20 Aug 2012, 4:00 am
YouTube confronted this question and concluded that the DMCA “limits—but does not abrogate— the doctrine” of willful blindness, and it “may be applied, in appropriate circumstances, to demonstrate knowledge or awareness of specific instances of infringement under th [read post]
20 Aug 2012, 4:00 am
YouTube confronted this question and concluded that the DMCA “limits—but does not abrogate— the doctrine” of willful blindness, and it “may be applied, in appropriate circumstances, to demonstrate knowledge or awareness of specific instances of infringement under th [read post]
19 Aug 2012, 11:06 am
The Fourth Circuit disagreed, concluding that the MFA does not allow reverse-preemption of the Convention: “[n]othing in [the MFA] suggests that, by enacting that statute, Congress intended to delegate to the states the authority to abrogate international agreements that this country has entered into and rendered judicially enforceable. [read post]
19 Aug 2012, 11:06 am
The Fourth Circuit disagreed, concluding that the MFA does not allow reverse-preemption of the Convention: “[n]othing in [the MFA] suggests that, by enacting that statute, Congress intended to delegate to the states the authority to abrogate international agreements that this country has entered into and rendered judicially enforceable. [read post]
17 Aug 2012, 6:05 am
This would seem to indicate that these rules abrogate old case law. [read post]
16 Aug 2012, 11:05 am
” Speeches and hearings conducted in 1911 resulted in the adoption of a Joint Congressional Resolution requesting the abrogation of the Treaty. [read post]
16 Aug 2012, 9:13 am
In a follow-up letter dated Aug. 13, another firm partner, Neil Reiff, urged the FEC not to "completely abrogate its future responsibilities to determine whether arbitrary denial of access by CTIA or carrier's may not somehow violate the [Federal Election Campaign Act] in some future context. [read post]
16 Aug 2012, 7:43 am
The Mescalero panel, in discussing section 2710(d)(7)(A)(ii), claimed that a majority of courts agree that “IGRA [abrogated] tribal sovereign immunity in the narrow category of cases where compliance with IGRA’s provisions is at issue and where only declaratory or injunctive relief is sought. [read post]
16 Aug 2012, 7:19 am
The New York Appellate Division held in 2008 that the Hafeez decision did not completely abrogate prior cases that were in effect when Darnell was convicted. [read post]
15 Aug 2012, 11:41 am
However, zoning ordinances do not abrogate limitations of use imposed by restrictive covenants. [read post]
15 Aug 2012, 9:00 am
Intellectual property - Although previously the Finnish National Board of Patents and Registration (last visited Aug. 13, 2012) permitted a Finnish man to trademark the "smiley" emoticon, consisting of a colon and parenthesis :), the Supreme Administrative Court... [read post]
13 Aug 2012, 4:14 pm
However, the court said it does not support it with such zeal that time proven constitutional safeguards can be abrogated. [read post]
13 Aug 2012, 12:21 pm
If one looks at the press release and backgrounder put out by the Ministry of Education it lists some of the motivations as being: to establish a transparent hiring process; pushing more teachers to retire; and, reducing the number of days retired teachers can work in schools per year from ninety-five to fifty.While I would be the first to argue that there's a sore need for vastly increased intergenerational equity within the labour markets of the Ontario Public Service and the broader public… [read post]
13 Aug 2012, 12:21 pm
If one looks at the press release and backgrounder put out by the Ministry of Education it lists some of the motivations as being: to establish a transparent hiring process; pushing more teachers to retire; and, reducing the number of days retired teachers can work in schools per year from ninety-five to fifty.While I would be the first to argue that there's a sore need for vastly increased intergenerational equity within the labour markets of the Ontario Public Service and the broader public… [read post]
13 Aug 2012, 12:21 pm
If one looks at the press release and backgrounder put out by the Ministry of Education it lists some of the motivations as being: to establish a transparent hiring process; pushing more teachers to retire; and, reducing the number of days retired teachers can work in schools per year from ninety-five to fifty.While I would be the first to argue that there's a sore need for vastly increased intergenerational equity within the labour markets of the Ontario Public Service and the broader public… [read post]
13 Aug 2012, 12:21 pm
If one looks at the press release and backgrounder put out by the Ministry of Education it lists some of the motivations as being: to establish a transparent hiring process; pushing more teachers to retire; and, reducing the number of days retired teachers can work in schools per year from ninety-five to fifty.While I would be the first to argue that there's a sore need for vastly increased intergenerational equity within the labour markets of the Ontario Public Service and the broader public… [read post]
