Also known as:alternate · alternats · alternated · alternating · right of alternat · alternating signature
Written by attorneys · grounded in primary & secondary sources — see below
A diplomatic practice of rotating precedence among states or diplomats when signing treaties. Each participant receives a copy of the instrument with its own signature appearing first on that copy.
Sources & Authorities· 19 primary sources
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Federal Rules
Uniform Acts
How it applies
Common Examples
6
Partnership Name Registration Filing
Avalon Pharmaceuticals seeks to operate in a new state under a name already taken by another entity. It adopts an alternate name that is distinguishable on the secretary of state's records and delivers the required application stating its formation details. The secretary registers the alternate name for the partnership's exclusive use for one year.
State Law Defense in Federal Trial
Alice Atkins sues her employer in federal court for a workplace injury. The employer raises a state workers' compensation exclusivity defense. The court treats the defense as substantive rather than procedural and allows it to bar the federal claim.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
Misappropriation Trading Liability
Antonio Alvarado, a law firm partner, learns of a client's planned tender offer and trades on that information. Prosecutors charge him under Rule 14e-3 even without proving a breach of duty to the target. The rule supplies an independent basis for liability.
United States v. O’Hagan521 U.S. 642, 650-652 (1997)
ERISA Preemption of State Statute
After a divorce, Amber Alonzo's ex-spouse remains named as beneficiary on her ERISA plan. Washington law automatically revokes the designation upon divorce. The Supreme Court holds the state statute preempted because it directly conflicts with ERISA plan documents.
Egelhoff v. Egelhoff532 U.S. 141 (2001)
Soft Money Contribution Limits
A state political party receives large soft-money donations that influence federal candidates. Congress enacts a ban on such contributions to state committees. The Court upholds the restriction as a valid means to prevent circumvention of federal contribution limits.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Commerce Power and State Immunity
Congress passes a statute creating a federal civil remedy for gender-motivated violence. A victim sues her attacker in federal court. The Court strikes down the remedy as exceeding Congress's commerce power because the regulated conduct is noneconomic and intrastate.
United States v. Morrison529 U.S. 598 (2000)
Common questions
Frequently Asked
3
What is the core requirement for registering an alternate name under the Uniform Partnership Act?+
A foreign limited liability partnership may register an alternate name only if the name is distinguishable on the secretary of state's records from names that are unavailable. The partnership must file an application containing its true name, jurisdiction and date of formation, and the alternate name.
Supporting sources
How long does registration of an alternate name remain effective?+
Registration of a name or alternate name under the Uniform Partnership Act is effective for one year after the date of registration.
Supporting sources
What must a court do when an alternate juror replaces a deliberating juror?+
The court must instruct the jury to begin its deliberations anew once the alternate joins the panel.
Supporting sources
529 U.S. 598 (2000)Constitutional Law
…of the Senate to represent the States as discrete sovereignties, but the Amendment did not convert the judiciary into an alternate shield against the commerce power. C The Court's choice to invoke considerations of traditional state regulation in these cases is especially odd in light of a distinction recognized…