L. 95 600, § 157(g)(3), (h)(2), inserted provision relating to the applicability of clause (ii) of subparagraph (A) to any amount paid or distributed out of an individual retirement account or annuity to which an amount was contributed which was treated as a rollover contribution by section 402(a)(7) and substituted "1-year period" for "3-year period".
And since the Act of 1948 does not even remotely impinge on any of the specific limitations upon the Commerce Clause Artt. I, § 9, cl. 5 and cl. 6), we are not concerned with the vexing problem of the applicability of these clauses to Puerto Rico.
While acknowledging that Michael Halliday's IFG is meant to be a description of English, Wang and Xu (2013) problematises the universal applicability of dividing clauses that construe location into two different process types, relational and existential.
Of course, as our recent decisions make plain, the applicability of the Clause has not been confined to classic "debtor relief" laws, but has been regarded as implicated by any measure which dilutes or nullifies a duty created by a contract.
The applicability of the Establishment Clause to public funding of benefits to religious schools was settled in Everson v. Board of Ed. of Ewing, which inaugurated the modern era of establishment doctrine.
The court says that if the extraterritorial applicability of the Suspension Clause turned on formal notions of sovereignty, "it would be possible for the political branches to govern without legal constraint" in areas beyond the sovereign territory of the United States.
In any event, even if this decision did lead lower courts to limit the applicability of the commerce clause, Congress can now just dress up new regulations in tax clothing as opposed to interstate commerce garb.
The Court says that if the extraterritorial applicability of the Suspension Clause turned on formal notions of sovereignty, "it would be possible for the political branches to govern without legal constraint" in areas beyond the sovereign territory of the United States.
With the advent of the Food Quality Protection Act of 1996 (FQPA; discussed below), the FFDCA was amended to eliminate the applicability of the Delany Clause to pesticides (FDA 2002; FQPA 1996).
Alternatively, the purchasers may be able to present evidence of unconscionability or of excuse, to avoid the applicability of the liquidated damages clause altogether.
