Many American cities are facing budget shortfalls in 2010. The mayor and city council in Omaha, Nebraska addressed the shortfall by unilaterally requiring retirees to pay a portion of their health insurance premiums, despite labor contracts requiring the city to pay the entire premium. The contract clause in the United States Constitution prohibits states (and cities) from interfering with the obligation of contract; however, this prohibition is not absolute. This paper examines whether or not Omaha can legally require retirees to pay a portion of the premium.
This Essay addresses a topic of great academic and practical interest currently facing the Supreme Court: whether the Privileges or Immunities Clause, which has lain dormant since the Court's ill-conceived 1873 Slaughter-House Cases decision, should be resurrected in order to apply the Second Amendment to the states. The Essay makes the novel argument that the textual basis for the Slaughter-House Court's holding regarding the clause - i.e., the lack of parallel textual construction in the first two sentences of Section 1 of the Fourteenth Amendment regarding citizenship) - was in fact the wholly unintentional product of what we might call "attrition of parliamentary processes." This analysis is not new to the Supreme Court. Borrowed from an oral argument made before the U.S. Supreme Co...
Introduction I. An Overview Of Commerce Clause Jurisprudence A. The Limited Scope Of The Federal Commerce Power Before The New Deal B. The Expansive Scope Of The Commerce Power After The New Deal C. Lopez, Morrison, And Limits On The Commerce Power II. Survey Of Post-Lopez Commerce Clause Scholarship A. The Meaning Of The Text Of The Commerce Clause 1. General Explorations Of The Commerce Clause As An Enumerated Power 2. Exploring Original Sources For The Commerce Clause's Meaning a. A Functional Interpretation Of The Commerce Clause Based On The Sixth Virginia Resolution b. The Original Public Meaning Of The Commerce Clause: An In- Depth Debate i. Opening Shot: Nelson And Pushaw ii. Return Fire: Barnett 2001 iii. Counter-Attack: Nelson And Pushaw 2002 iv. Flanking Maneuver: Barnett 200...
The US Constitution expressly prohibits US states from entering into any Treaty, Alliance, or Confederation. Another provision -- the so-called Compact Clause -- prohibits states from entering into any Agreement or Compact with another State, or with a foreign Power absent congressional consent. The Compact Clause requires congressional consent for both foreign-state agreements (FSA) and interstate agreements. But the Supreme Court has interpreted the interstate textual prohibition loosely, authorizing the states to conclude whole categories of agreements with no congressional consent whatsoever. This Article challenges the prevailing descriptive and normative accounts of FSAs. Part I of this Article explains why globalization and recent US state practice in making FSAs command heighten...
What role do material adverse change clauses play in merger agreements? This Note analyzes the increasing importance of material adverse change clauses in economic downturns and examines their evolution and judicial interpretation. The Note argues that the vagueness of these clauses leads courts to construe them narrowly and fail to effectuate the intent of contracting parties, ultimately creating uncertainty in merger agreements and failing to accomplish the goals of contracting parties. The Note concludes that replacing material adverse change clauses with reverse termination fees will better serve the parties' goals and uphold contract principles, yielding more efficient outcomes while reducing unnecessary litigation.
The Market-Participant Exception: A Primer II. The Market-Participant Exception Applied To The Foreign Commerce Clause A. History B. Interference with Federal Foreign Relations Powers 1. The Framers` View 2. Congress`s Foreign Affairs Power 3. The President`s Foreign Relations Power C. Failures of the Traditional Market-Participant Justifications 1. Fairness 2. Federalism 3. Participation versus Regulation 4. Textualism 5. The Supremacy Clause and Institutional Concerns III. A Problem Of Consistency? IV. The Future Conclusion
EPA will amend the EPA Acquisition Regulation (EPAAR) to revise the content of a clause that addresses compliance policies for information resources management in contracts. This revision incorporates to the EPAAR, administrative changes to update terminology and Web site links related to EPA policies for information resources management.
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2012, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
Jim Letten | Arsonsisi Spa | THE LONDON BOROUGH OF BARNET | appendix body | michoacan | mintra | meralis jaimes | libano historia | sentenze sorpasso incrocio
