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Unlike disabling restraints, the effectiveness of the lawsuit does not prevent the transfer from being made. However, the Supreme Court says promissory restraints are not permissible. The promissory note discourages the person getting ready to sell the property which is the same effect as the disabling restraint. Forfeiture restraints
U.S. Representative John Randolph Tucker, a Democrat from Virginia, sponsored the Tucker Act.. The Tucker Act (March 3, 1887, ch. 359, 24 Stat. 505, 28 U.S.C. § 1491) is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits.
In property law, alienation is the voluntary act of an owner of some property to convey or transfer the property to another. [1] Alienability is the quality of being alienable , i.e., the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.
The Line Item Veto Act of 1996 gave the president the power of line-item veto, which President Bill Clinton applied to the federal budget 82 times [8] [9] before the law was struck down in 1998 by the Supreme Court [10] on the grounds of it being in violation of the Presentment Clause of the United States Constitution.
Smith Act; Other short titles: Civilian and Military Organizations License Act: Long title: An Act to prohibit certain subversive activities; to amend certain provisions of law with respect to the admission and deportation of aliens; to require the fingerprinting and registration of aliens; and for other purposes.
An alienation clause is common in mortgages, giving a mortgage lender the right to request full and immediate loan repayment when the home is sold or transferred.
But North Carolina, along with five other states nationwide, still has laws on the books allowing a jilted partner to sue. The allegation of “alienation of affection” now faces NC House ...
For the doctrine to apply, the state must act as a sovereign, rather than as a "participant in a private agreement or combination by others for restraint of trade. [3] Antitrust laws do not bar anticompetitive restraints that sovereign states impose "as an act of government". [4] "The key question is whether the allegedly anticompetitive ...