Although apparent from the plain meaning of this savings clause
With a savings clause
, the donor attempts to take back property if the property is later revalued.
Justices dissenting cited that the law does not fit the savings clause
and that the Everify mandate is preempted because "by making mandatory that which federal law seeks to make voluntary, the state provision stands as a significant obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
1995), the court states that a usury savings clause
is proper "[w]here the transaction is not clearly usurious at the outset but only becomes usurious upon the happening of a future contingency, [because] the clause may be determinative on the issue of intent.
The absence in either leading bill of a new broad cross-cutting climate regulation savings clause
and lack of opening findings or policy declarations applauding state climate regulation opens the door for preemption claims when a state chooses to act in a new and innovative way.
errors fell within the scope of the savings clause
6) The Aviall I court harmonized that interpretation with the savings clause
in 113(f)(1) (7) by concluding that Congress intended the savings clause
to preserve a "party's ability to bring contribution actions based on state law.
The savings clause
says "nothing in this title shall be construed to exempt or relieve any person from any law of any State which regulates insurance, banking, or securities.
Chapter Six: Yes, Virginia, There Is a Savings Clause
contract doctrine, thereby striking a blow to the savings clause
A savings clause
is void because it creates a scenario in which the taxpayer tries to take property back, whereas a formula clause merely transfers a fixed set of rights with uncertain value.
The Supreme Court has recognized that even if a state law is "saved" pursuant to the savings clause
, 29 U.