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The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The Dept. of the Army attempted to settle these claims in accordance with the standard “termination for convenience of the government” clause outlined in the Armed Services Procurement Regulations (ASPR). Under this clause, the contractor could claim a profit allowance for work it already had performed, but not for anticipated profits.
The first application of the ministerial exception was in McClure v.Salvation Army, where the Fifth Circuit found in 1972 that an employee could not sue the Salvation Army for violations under Title VII of the Civil Rights Act, stating that the "application of Civil Rights Act provisions relating to equal employment opportunities to relationship of Salvation Army and its officer who was ...
The single-subject rule is a rule in the constitutional law of some jurisdictions that stipulates that some or all types of legislation may deal with only one main issue. One purpose is to avoid complexity in acts , to avoid any hidden provisions that legislators or voters may miss when reading the proposed law .
A grandfather clause (or grandfather policy or grandfathering) is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is ...
An enacting clause is a short phrase that introduces the main provisions of a law enacted by a legislature. It is also called enacting formula or enacting words. [1] It usually declares the source from which the law claims to derive its authority. In many countries, an enacting formula is not considered necessary and is simply omitted.
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
Denning LJ, Morris LJ and Parker LJ held that although the warehouse employees were negligent, the clause effectively exempted them.. Denning LJ's judgment went as follows. Note that his reference to the concept of a fundamental breach precluding an exclusion of liability was rejected by the House of Lords some years later in Photo Production Ltd v Securicor Transport Ltd [1980] AC 8