Congress frequently includes severability clauses
in statutes, albeit with less insistent language.
This is because the Alaska Airlines test, presumptions, and severability clauses
together establish something of a dialogue between the legislature and courts, in which the legislature conveys its intent in some form and a court responds by giving effect to that intent, while signaling--in the form of presumptions--how it will act in ambiguous cases.
Of course, courts can disregard such severability clauses
To achieve maximum coverage, conduct exclusions should be limited to apply only after final adjudications, and should contain severability clauses
ensuring that the bad acts of one individual insured will not bar coverage for other innocent insureds.
183) At most, the McCleary per curiam can be viewed as holding that Glidden is distinguishable when, as in McCleary, the unconstitutional criminal statute is subject to a severability clause
, creating the opportunity in some cases of severability clauses
to affirm the conviction obtained under an unconstitutional statute--that is, to apply the minority rule.
Elizabeth Garrett, a law professor at the University of Southern California, said severability clauses
are common, although the factors in the decision to add one can be complex and are based on both strategic and political as well as legal concerns.
are common-so common, in fact, that they are sometimes regarded as boilerplate.
Public comments; liquor license application of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians; Eugene-Springfield metropolitan area general plan; Eugene-Springfield public facilities and services plan; savings and severability clauses
Detailed severability clauses
are essential in global contracts to ensure that if any particular terms are unenforceable in the international forum, they do not invalidate the global contract as a whole.
in the past, D & 0 policies have contained severability clauses
, which were very valuable.
APPENDIX: ADMINISTRATIVE SEVERABILITY CLAUSES
The court held that severability clauses
in the policies precluded rescission as to all insureds regardless of their involvement in the alleged fraud.