severability clause examples
498 F.3d 1265 (Fed. Cir. 2007), 2007-7008, Preminger v. Secretary of Veterans Affairs
... we focused our inquiry on the flag display clause and the cemetery-related portion of the ... generally inquired similarly for severability of statutes and regulations); see also United ... by long tradition or government fiat, " examples being public streets and parks. Id.; see Grayned ...
619 F.2d 482 (5th Cir. 1980), 77-3065, Cora Pub, Inc. v. Continental Cas. Co.
...Wigmore offered the following examples in a refutation of the rule against inference ... decision at this time concerning the severability of the intervenors' rights from those of Cora Pub ... to the clear terms of the appreciation clause. The amount recoverable under ...
Model Assisted Reproductive Technology Act
Sara Cotton, Sara HiIl, Anne F. Hirstein, Jessica L. James; Alissa D. KIein, Elizabeth A. KIotzer, Jamie Lai, RobertA. Lawler, Debra Fischer Leege, Kristofer J. Lyons, MalindaMorain, Michelle J. Roddy, Matthew M. Rice, Rhonda Stout, Katherine StroebI, and Lisa C. Williams.
...Examples of this are testicular cancer, ovarían cysts, ... under any other law of this state." This clause does not provide that any state law that directly .... @Article 11.Severability And Enactment . @@Section 1101. Severability. If ...
Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities
... 8. Severability. EPA intends that the provisions of this rule be ...'s comments included the following examples: 71 percent of the surveyed states required a ... to the commenter, the ``may receive'' clause of the first sentence in section 4010(c) merely ...
687 Fed.Appx. 757 (10th Cir. 2017), 15-4159, Wheeler v. Allstate Ins. Co.
... Wheeler asserts the severability of damages is material. because, by its ... which Exclusions 3 and 7 are examples. Accordingly, Exclusion. 3 operates to ... clause the interpretation we believe the Utah [Supreme]. ...
596 F.2d 196 (7th Cir. 1979), 78-1669, Zbaraz v. Quern
... the Supreme Court under the Due Process clause of the Fourteenth Amendment invalidated penal ...However, as plaintiffs' examples indicate, when Congress has imposed such ... that we should not consider the severability issue since the district court did not articulate ...
651 F.2d 551 (8th Cir. 1981), 80-1925, Casbah, Inc. v. Thone
...A lengthy list of . . examples follows, with each example restating the ... a civil forfeiture section and a severability section. The district court, in ... overbroad, in violation of the due process clause of the fourteenth amendment. The issues of ...
744 F.2d 98 (Fed. Cir. 1984), 5-103, Exxon Corp. v. United States Dept. of Energy
... rely upon an incorrect test of severability. . 3. The EPAA contained no implicit severability clause. . 4. The decision-making ... on legal history of which these are examples: Breyer, The Legislative Veto After Chadha ...
Applying Section 5: Tennessee v. Lane and judicial conditions on the congressional enforcement power.
...'s effort to enforce the Due Process Clause. In Tennessee v. Lane, the Court considered ... reflected an overt presumption of severability where none had previously been exercised by the ... purport to prove that these "numerous examples of the exclusion of persons with disabilities ...
406 F.3d 1261 (11th Cir. 2005), 04-12676, United States v. Rodriguez
...1246, 113 L.Ed.2d 302 (1991) (providing examples of structural error). Because sentencing under a ... violation of the Sixth Amendment Counsel Clause); Carella v. California, 491 U.S. 263, 266, 109 ... "a statutory error (based in the severability principles) when a federal judge applied the ...
Joint Industry Plan; Order Approving the National Market System Plan Governing the Consolidated Audit Trail
...This supplement provided examples of how the proposed relief related to allocations ... Section 12.8. Validity and Severability. Section 12.9. Third Party Beneficiaries. ... (d) a reference to a particular clause, section, article, exhibit, appendix, attachment, ...
69 F.3d 920 (9th Cir. 1994), 92-17087, Yniguez v. Arizonans for Official English
... important, the article contains no severability provision that would suggest that any clause or ...All his examples are absurd. No court in this country would ...
Prohibitions on Market Manipulation
... in Section 811 (as well as in the first clause of. Section 812), while the phrase is used with ...Specific examples include (1) false public announcements of planned ...F. Section 317.5: Severability. Section 317.5 of the revised proposed Rule ...
General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Five Source Categories
... Industry Examples of regulated. Industry category ... if the threatened and endangered species clause (i.e., the ESA) is also included in the title V ... (v) Severability. The provisions of this permit by rule are ...
635 F.2d 1132 (5th Cir. 1981), 78-1859, Federal Election Commission v. Lance
... the ex post facto and due process clauses of the Constitution; (2) the statute of ...Section 454 of the FECA is a severability clause enacted to avoid the invalidation of the ...Examples of such independent expenditures include the ...
Empowerment through restraint: reverse preemption or hybrid lawmaking?
...This Article explores two examples of this empowerment technique, in which the ...(86) The Supremacy Clause remains in effect. Yet the federal judiciary's ... to the analysis of contract severability); Kaplan v. First Options of Chi., Inc. (In re ...
When equality leaves everyone worse off: the problem of leveling down in equality law.
...Three Examples Where Leveling Down Conflicts with Equality Law ... the demands of the equal protection clause can be satisfied by extending the contested ... challenges, Congress included a severability clause. In the event that a court found the ...
Antkowiak v. TaxMasters, 122211 FED3, 11-1882
... written document containing an arbitration clause as well as other specific terms and conditions of ...Since a finding of non-severability would render moot TaxMasters's objection to the ... 9 For just a few examples, TaxMasters agreed to "analyze Client financial ...
519 F.2d 821 (D.C. Cir. 1975), 75-1061, Buckley v. Valeo
...But the clause immediately following speaks of material ...The Act contains an express severability clause, 2 U.S.C. § 454, and the plaintiffs ... Congress was replete with specific examples of improper attempts to obtain governmental favor ...
873 F.2d 369 (D.C. Cir. 1989), 87-5324, Antolok v. U.S.
... by the Fourteenth Amendment's Due Process Clause.' " Id. at 988 (citation omitted). Thus, they ... as a question concerning the severability of statutory provisions. To give independent ... detention, and racial discrimination" as examples of peremptory norms. 859 F.2d at 941. Plaintiffs ...
Stigmatic Harm and Standing
If the government violates the law in a way that stigmatizes a particular group, does a member of that group have standing to challenge the violation in federal court? In the well-known case of Allen v. Wright, the Supreme Court said no. According to the Court, stigmatic harm is too abstract and generalized to support standing in most cases. To permit standing on the basis of stigmatic harm alone,
... districting 15 and Establishment Clause cases. 16 . . Second, and perhaps more .... . Finally, Part V provides examples where stigmatic harm could be relied upon to ...However, Congress included a severability clause in the law providing, in effect, that if ...
A Looming Crisis: Illinois Supreme Court Strikes Down Statute Reducing Benefits
On May 8, 2015, the Supreme Court of the State of Illinois struck down recently enacted state public pension reform legislation on the grounds that the legislation violated the “pension protection clause” of the Illinois constitution. The legislation had sought to reduce Illinois’s pension liabilities by reducing annuity benefits to some members of the State’s public pension systems.
... violated the “pension protection clause” of the Illinois constitution. The legislation .... The Court also cited numerous examples of provisions in the Illinois constitution where ... The Court noted that the Act’s own severability provision lists 39 specific sections that are ...
- Cal. Code Regs. Tit. 17, § 95550 - Regulation for Under Inflated Vehicle Tires
- N.Y. Comp. Codes R. & Regs. Tit. 6 § 371.1 - General
56 F.3d 105 (C.D. Cir. 1995), 93-1169, Alliance for Community Media v. F.C.C.
...) and 10(c) violated the freedom of speech clause of the First Amendment to the Constitution and ... to public use." While the Court cited no examples of such private property, it may have been ... join Judge Wald's analysis of the severability of Sec. 10(b) from the remainder of Sec. 10 or ...