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15 Apr 2010, 9:59 pm by Holden Oliver (Kitzbühel Desk)
The 16th Amendment was proposed by Congress on July 12, 1909, and finally ratified by the states on February 3, 1913 (1,302 days). [read post]
18 Nov 2008, 7:24 am
Professor Richard Epstein, of The University of Chicago Law School, has this article about Wyeth v. [read post]
3 Dec 2020, 8:58 am by Eric Goldman
Selected Related Posts About State Action Claims LinkedIn Isn’t a State Actor–Perez v. [read post]
7 Oct 2023, 6:21 am by Kalvis Golde
The Constitution constrains states from excessively burdening out-of-state commerce – a doctrine known as the dormant commerce clause, because it is implicit in the grant of power to Congress to regulate interstate commerce. [read post]
3 Mar 2011, 2:10 pm by Kent Scheidegger
When Congress passed the Antiterrorism and Effective Death Penalty Act of 1996, the primary feature was supposed to be a reform that promised states a rapid and efficient trip through federal review if only they provided adequate counsel for state collateral review, which most states did at the time anyway. [read post]
27 Apr 2009, 3:00 pm
First, it reiterates its Spending Clause argument: because the IDEA was enacted pursuant to Congress's Spending Clause power, it must provide clear notice of any conditions that are attached to a state's acceptance of federal funds. [read post]
12 Aug 2020, 5:01 am by Rachael Hanna
On July 20, the Ninth Circuit declined to rehear en banc Fazaga v. [read post]
16 Apr 2023, 7:52 am by Eric Goldman
If they are required to follow the First Amendment, then Congress cannot override those constitutional obligations by statute. [read post]