Boilerplate clauses are most useful when they make a needed change to the background law for the contract or clarify how that law will be applied. A candidate for improvement on this standard is the ...

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When a federal law has no severability clause, Justice Brett Kavanaugh said in a ruling Monday, there is a "strong" presumption of that the unlawful part be removed without disturbing the entirety of ...

WASHINGTON — President Trump is turning to an obscure legal mechanism in an attempt to protect some of his most controversial executive orders in case they're struck down in court. It's called a ...

For several years, I have been thinking about the doctrine of severability -- what happens when courts conclude that a part of a law is unconstitutional? I have come to believe that this is ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

In two previous posts here and here, Josh Blackman and I contended that Judge O'Connor's conclusion that the individual insurance mandate is unconstitutional is correct. In our view, the Supreme Court ...