Section 2(1) of the Act effected consequential repeals. The application of the Treason Act 1800 was subject to a saving clause in section 2(2).
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The dissent pointed to a saving clause in the federal act which allowed states to determine how a contract or its clauses may be revoked.Foreman C. "Supreme Court: AT&T; can force arbitration, block class-action suits". Ars Technica. In two major 21st- century cases, the Supreme Court ruled 5–4 against certification of class actions due to differences in each individual members' circumstances: first in Wal-Mart v.
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The European Court of Justice held that positive action was lawful if (1) the employer had a 'saving clause' so it could take into account objective factors specific to an individual man (2) the criteria in such a procedure did not discriminate against female candidates. The art 2(4) derogation could be triggered where positive action aimed to counteract 'the prejudicial effects on female candidates' of stereotyped attitudes about women at work.
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In the Republic of Ireland, Section 13 of the Land and Conveyancing Law Reform Act 2009 largely abolished the fee tail and converted existing fees tail to fees simple.Land and Conveyancing Law Reform Act 2009, section 13. For constitutional reasons, this section is subject to a saving clause which prevents the conversion of fees tail to fees simple where the protector of the settlement is still alive. Therefore, some fees tail still exist in the state.
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The court held that the consent decree has no extraterritorial application. The United States of America, being a foreign state, is an independent sovereign government which exercises sovereign authority over its own territory and in accordance with international law has no right to exercise sovereign authority beyond its own territory. The courts of India cannot recognize the writ of a District Court of the United States notwithstanding the principle of comity of nations. This is made abundantly clear from Clause VI which acts as a saving clause.
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Justice Souter, writing for a four Justice minority, felt state law was not preempted. Though he agreed with Justice O'Connor that there were three categories of preemption (express, field, and conflict) he believed that congress must "unmistakably ordain" to preempt state law. He felt that state law would not interfere enough with the federal regulatory scheme to qualify as an obstacle to the full purpose and effect of federal law. He felt the majority's strongest argument was that the regulations contained a "saving clause" which stated that any issues not spoken on were not preempted.
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By warrant under the hand of one of the principal Secretaries of State, the King had the discretionary ("if he shall think proper") authority to order that the condemned woman be hanged in the execution of that judgement. This section was repealed by the Statute Law Revision Act 1871. Section 4 This section was a saving clause and provided that women convicted of those offences would still be liable to such forfeitures and corruption of blood as they would have been if they had been attainted of those offences before the passing of the Act. This section was repealed by the Statute Law Revision Act 1960.
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At his trial (October 1660) Fleetwood pleaded guilty, was sentenced to death, and said, weeping, that he had confessed the fact, and wished he could express his sorrow.. Cites: Trial of the regicides, pp. 28, 276. A saving clause in the Act of Indemnity suspended the execution of those who claimed the benefit of the king's proclamation, unless their conviction was followed by a special act of parliament for their execution. Fleetwood accordingly petitioned parliament, stating that his name was inserted in the list of commissioners without his knowledge and against his will, and that his signature to the warrant was extorted by Cromwell, "whose power, commands, and threats (he being then young) frighted him into court".
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Maitland was the protagonist of the 1923 novel Jim Maitland; he later appeared in a second novel in 1931, The Island of Terror. Around the time McNeile killed off the Carl Peterson character in The Final Count (1926), he also introduced the character Ronald Standish, who first appeared in "The Saving Clause" (1927) and "Tiny Carteret" (1930) before becoming the protagonist in two collections of short stories, Ronald Standish (1933) and Ask for Ronald Standish (1936). The character also appeared in the final three Drummond novels, Knock-Out (1933), Bull-Dog Drummond at Bay (1935) and Challenge (1937). Standish was a sportsman who played cricket for England and was a part-time consultant with the War Office.
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His ruling, though it relied primarily on the Nationality Act of 1940, also made reference to the Expatriation Act of 1907. He rejected the petitioner's contention that Section 2 of the Act only resulted in loss of U.S. citizenship when the act of naturalization occurred on foreign soil, and held that it was irrelevant under the Act whether or not the petitioner had intended to renounce her U.S. citizenship by applying for the Italian one. However, he declined to rule on the Government's contention that the petitioner would have lost U.S. citizenship even if she had not taken up residence abroad, writing that "it is not necessary to determine here whether the petitioner's residence and naturalization are to be tested under the saving clause or under the rest of the Act of 1940".
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Warham presided over the Convocation of 1531, when the clergy of the Province of Canterbury voted £100,000 to the king to avoid the penalties of praemunire and accepted Henry as supreme head of the church with the face-saving clause "so far as the Law of Christ allows". In Warham's concluding years, however, the archbishop showed rather more independence. In February 1532, he protested against all acts concerning the church passed by the parliament that met in 1529, but that did not prevent the important proceedings which secured the complete submission of the church to the state later in the same year. Against this further compliance with Henry's wishes, Warham drew up a protest in which he likened the action of Henry VIII to that of Henry II and urged Magna Carta in defence of the liberties of the church.
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Justice Breyer, dissenting, had indicated during oral arguments that he believed that "Congress… had taken 'an absolutely balanced' approach" in an attempt to ensure undocumented workers were not able to get jobs but make sure as well that businesses did not discriminate in hiring to avoid the risk of losing its license. Also dissenting, Justice Sotomayor indicated that the majority's reading of the exception "cannot be reconciled" with the rest of what Congress enacted in 1986: "Congress could not plausibly have intended… for the saving clause to operate in the way the majority reads it to do." Along that line, Justices Sotomayor and Breyer argued that the Arizona law went far beyond the "scope of federal control" and that it would "actively frustrate federal efforts and compromise the need for uniformity in dealing with unlawful aliens." Given the Arizona law created new enforcement mechanisms in handling of undocumented workers, it prevented uniform policies, which went against the spirit of the federal law: to have uniform legislation.
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Section 2 contained three grounds for loss of United States citizenship: naturalization in a foreign state, taking an oath of allegiance to a foreign state, or specifically for a naturalized citizen residing for two years in one's foreign state of origin or five years in any other foreign state; it also provided that citizenship could be lost only in peacetime. It was repealed by Section 504 of the Nationality Act of 1940; however, a saving clause in the 1940 Act provided that nothing in that Act would affect the status of those who had already lost citizenship prior to its passage. The background of this section goes back to a 1906 recommendation by the House Committee on Foreign Affairs that the State Department form a commission of inquiry on the subject of nationality laws and their relation to US citizens living abroad. Acting Secretary of State Robert Bacon named international law expert James Brown Scott, Minister to the Netherlands David Jayne Hill, and Passports Bureau chief Gaillard Hunt to the commission.
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In a long dissent, Pitney decried what he said was a decision "entirely unsupported by precedent" that would have "novel and farreaching consequences". The grant of federal admiralty jurisdiction was not intended to limit the states from establishing separate and independent systems of law in maritime matters. In the absence of congressional legislation, the states were free to set their own rules, and civil suits in admiralty did not have to be confined to federal courts. The Court's decision, Pitney said, was an undue encroachment upon state power, and effectively invalidated the saving-to-suitors clause: :(...) it is not necessary, in order to give full effect to the grant of admiralty and maritime jurisdiction, to imply that the rules of decision prevailing in admiralty must be binding upon common-law courts exercising concurrent jurisdiction in civil causes of maritime origin, and to give such a construction to the Constitution is to render unconstitutional the saving clause in § 9 of the Judiciary Act, and also to trench upon the proper powers of the states by interfering with their control over their water-borne internal commerce.
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