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2. Substitute a mediation/arbitration clause for the litigation clause, with the location of the proceedings to be agreed upon by the parties or determined by the American Arbitration Association.
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The "living constitution" judges feel that changes in the diverse nature of our society must continue to transform constitutional standards such as First Amendment Establishment Clause litigation.
Some leading agents have threatened to wrap the regulations in litigation, particularly the clauses requiring all interested parties to dispense with shareholdings in agencies.
Worse yet, the Commission has more to lose in litigation over the Appointments Clause than in Kokesh.
Similarly,you can head off the costs of future litigation by including a clause that requires parties to engage in mediation or arbitration before filing any lawsuits.
"I see much of the litigation over the establishment clause over the last 20 years as a dawning realization that Widmar was right and the separationist decisions of the 1970's are inconsistent with it".
The focus of the litigation is the 16-word clause in Article 1, Section 8 of the Constitution that allows Congress to regulate interstate commerce, a provision the court has interpreted broadly but not without boundaries.
Most of the litigation concerning liquidated damages clauses arises in the context of an affirmative action by the party injured by breach to enforce the clause in order to recover the amount therein stipulated.
"In the Obama administration, we thought we would get assistance from federal agencies under a number of statutes, and did," says Scott Nelson, an attorney with Public Citizen, a group that represents plaintiffs in litigation related to arbitration clauses.
WALL STREET JOURNAL Liquidation Authority and the Bankruptcy Clause | The litigation challenging the orderly liquidation authority under the Dodd-Frank Act proceeds from the faulty notion that Chapter 11 bankruptcy provides a one-size-fits-all solution, Stephen J. Lubben writes in his column, In Debt.
Whether the grandfather clause will pass litigation is another story.
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CEO of Professional Science Editing for Scientists @ prosciediting.com