severability clause examples
546 results for severability clause examples
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543 U.S. 220 (2005), 04-104, United States v. Booker
... (1995), we held that the Double Jeopardy Clause did not bar a. prosecution for conduct that had ... or to what extent, "as a matter of severability analysis," the Guidelines "as a whole" are .... Several examples help illustrate the point. Imagine Smith and ...
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__ U.S. __ (2016), 15-274, Whole Woman's Health v. Hellerstedt
Texas House Bill 2 (2013) required that a “physician performing or inducing an abortion . . . must, on the date [of service], have active admitting privileges at a hospital . . . not further than 30 miles from the” abortion facility, and that the facility meet the state’s “minimum standards . . . for ambulatory surgical centers.” As a basis for enjoining enforcement, the district court found: as...
...B. 2's severability clause. See Brief for Respondents 50-52. ... pick any of the various examples provided by the dissent, see. post, at ...
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567 U.S. 519 (2012), 11-393, National Federation of Independent Business v. Sebelius
... power under the Commerce Clause and the Necessary and Proper. Clause. Pp. ... severability clause, 42 U.S.C. § 1303, determines the. ... supra, which is one of many examples of how. rewriting the Act alters its ...
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424 U.S. 1 (1976), 75-436, Buckley v. Valeo
... H is not invalid under the General Welfare Clause but, as a means to reform the electoral process, ... ascertained, the deeply disturbing examples surfacing after the 1972 election demonstrate ...147 . C. Severability. The only remaining issue is ...
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505 U.S. 144 (1992), 91-543, New York v. United States
... to the States" -- and with the Guarantee Clause of Article IV, § 4 -- which directs the United ...Similar examples abound. See, e.g., Fullilove v. Klutznick , 448 ... The standard for determining the severability of an unconstitutional provision is well ...
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472 U.S. 491 (1985), 84-28, Brockett v. Spokane Arcades, Inc.
...The statute itself contains a severability clause, and it is evident that, if the statute ... had construed statute to incorporate the examples of sexual conduct mentioned in Miller ). A ...
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513 U.S. 454 (1995), 93-1170, United States v. Treasury Employees
..., the state statute contained a severability clause announcing that the remainder of the Act ...The GAO Report's examples of instances that gave rise to serious concerns ...
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Beyond Severability
Severability is a wrecking ball. Even the most cautious use of this doctrine demolishes statutes in contravention of legislative intent and without adequate justification. It does so through the imposition of an artificially restrictive framework: one that requires that courts respond to a statute's constitutional flaw by disregarding that statute either in whole or in part. In the last few years
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518 U.S. 727 (1996), 95-124, Denver Area Ed. Telecommunications Consortium
... major city television guides) provide examples of what seems likely to be such programming ... the 1992 Act contains no express "severability clause," we can find the Act's "severability" ...
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446 F.3d 25 (1st Cir. 2006), 04-2619, Kristian v. Comcast Corp.
... arbitration agreements contain savings clauses that provide for severance of these invalid ... at 84, 123 S.Ct. 588. Examples of the former include whether an arbitration ... simply changed its mind about the severability of the class arbitration bar. We are unaware of ...
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673 F.2d 425 (D.C. Cir. 1982), 80-2184, Consumer Energy Council of America v. Federal Energy Regulatory Commission
...47 . III. SEVERABILITY . FERC, joined by ... The presence of a severability clause, which expressly sets forth congressional intent ...1353 (1953). For other examples, . see Dixon, supra note 82, at 429-32 & ...
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260 F.3d 1160 (9th Cir. 2001), 99-36173, City of Auburn v. Qwest Corp.
... The Supremacy Clause, U.S. CONST. art. VI, cl. 2, invalidates state ... the legislative history for additional examples of right-of-way management. Senator Dianne ... D. SEVERABILITY. To determine whether invalid ...
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638 F.2d 916 (6th Cir. 1980), 80-3308, Record Revolution No. 6, Inc. v. City of Parma
...A number of specific examples are then given, each described by the phrase ... (K) from § 620.01, pursuant to the severability clause in § 620.04(g). The ...
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Student Assistance General Provisions, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program
...severability of any provision of subpart B in part 685 of ...examples to support their comments. We disagree that the ...pre-dispute arbitration clauses and class action waivers, the . Department has ...
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521 U.S. 898 (1997), 95-1478, Printz v. United States
..." to the execution of Congress's Commerce Clause power to regulate handgun sales. Where, as here, ...The Court declines to address the severability question briefed and argued by the parties: ... (1869), including (to mention only a few examples) the prohibition on any involuntary reduction or ...
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410 U.S. 113 (1973), 70-18, Roe v. Wade
... interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects ...Examples of permissible state regulation in this area are .... SECTION 5. [ Severability. ] If any provision of this Act or the ...
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648 F.3d 1235 (11th Cir. 2011), 11-11021, Florida ex rel. Atty. Gen. v. United States Dept. of Health and Human Services
... Congress's power under the Commerce Clause and the Necessary and Proper Clause. The district ... mandate is unconstitutional and its severability holding. The state plaintiffs cross-appeal the ...We list examples of the major reforms. 1. ...
- What Law Governs Forum Selection Clauses
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Barr v. American Association of Political Consultants, Inc., 070620 FEDSC, 19-631
... exception and applied traditional severability principles to. sever it from the robocall ...Clause provides that government generally. "has no ... examples). Consider, for example, the regulation of. ...
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763 F.3d 273 (3rd Cir. 2014), 13-1615, VICI Racing, LLC v. T-Mobile USA, Inc.
... what it contends is a liquidated damages clause in the contract. . II. ...severability clause, which provides. . . [t]he provisions ...By taking the time to cite examples of these losses, and then awarding VICI $7 ...
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__ U.S. __, 16-476, Murphy v. National Collegiate Athletic Assn
... while providing in the Supremacy Clause that federal law is. the "supreme Law of ... severability precedents. . . I ... 79-80 (citing, as examples, Davis v. Federal Election. Commn, 554 ...
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How to trim a Christmas tree: beyond severability and inseverability for omnibus statutes.
...For example, the existence of a so-called "severability clause" is strong, but not conclusive, evidence of Congress's intent. A ...(56) The ACA and the Omnibus Crime Control Act of 1990 are examples of this first type of omnibus bill. (57) . The second type of omnibus bill ...
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If Bylaws Are Contracts, Where’s The Boilerplate?
Bylaws hardly constitute literature. For the most part, they simply regurgitate the applicable general corporation law with a few permitted changes here and there. In general, there seems to be two schools of thought when it comes drafting bylaws. Advocates of the long-form approach claim, with justification, that it is easier to consult the bylaws than the statute. Champions of short-form...
... forum bylaw provisions include a severability clause, a “boilerplate” provision found in ... clause? I have, in fact, seen a few examples of bylaws that include a severability clause as ...
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540 U.S. 93 (2003), 02-1674, McConnell v. Federal Election Commission
... For instance, the record is replete with examples of national party committees'. . peddling ... BCRA Title I exceeds Congress' Election Clause authority to "make or alter" rules governing ...Relying on BCRA's severability provision, [ 80 ] the court held that ...
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830 F.3d 216 (5th Cir. 2016), 14-41127, Veasey v. Abbott
... Clause." Arlington Heights, 429 U.S. at 265. ... contemporary examples, see id. at 635, 636. & n.23, the district ... statute contains a severability clause, courts must take. special care to ...