Search for: "State v. Congress"
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28 Oct 2009, 1:33 am
Gibson decision, which stated that defendants should have "fair notice" of any claim, but said only cases lacking strong evidence should be dismissed. [read post]
21 Jun 2011, 11:15 am
Regards, Roy] Chamber of Commerce v. [read post]
15 Aug 2017, 8:35 am
Congress has simply preempted state property law on this issue. [read post]
19 Sep 2013, 12:48 pm
That statute established the Northwest Power and Conservation Council (the Council), an interstate agency composed of state-appointed representatives from Idaho, Montana, Oregon, and Washington that Congress tasked with promulgating both "a regional conservation and electric power plan" and "a program to protect, mitigate, and enhance fish and wildlife." 16 U.S.C. [read post]
7 Sep 2016, 9:39 am
In SLUSA, Congress expressly eliminated state courts’ concurrent jurisdiction over covered class actions arising under the Securities Act when it referred to the entirety of Section 16 and not just Section (b) and (c) in providing an exception to concurrent jurisdiction for covered class actions, the court said. [read post]
8 Jan 2018, 8:50 am
V. [read post]
28 Jun 2010, 11:08 am
Jun 28, 2010 Bilski v. [read post]
2 Jul 2017, 12:25 pm
This clause, the high court has stated, “indicates” that Congress’s “purpose” in enacting the FAA “was to make arbitration agreements as enforceable as other contracts, but not more so. [read post]
23 Jul 2023, 10:32 am
United States, 2023 WL 4376244 (D.C. [read post]
8 May 2014, 9:00 am
Clement insists that the balancing test in Mathews v. [read post]
11 Jul 2017, 12:45 pm
United States v. [read post]
20 Feb 2013, 10:46 am
By Dennis Crouch Gunn v. [read post]
20 Dec 2018, 1:00 pm
In 2004, the Supreme Court in Sosa v. [read post]
28 Jun 2022, 9:01 pm
In 1965, in Griswold v. [read post]
17 Jan 2024, 3:30 am
Chevron deference has long been a prime target of conservative opponents of the “administrative state,” and they scored a big victory with the SCOTUS’s 2022 decision in West Virginia v. [read post]
8 Oct 2019, 5:19 am
In Harris Funeral Home, the Court holds that Title VII covers gender identity per se.Don't take that to Vegas.Finally, two reminders:These cases only matter because Congress has not amended Title VII to expressly cover (or not) sexual orientation or gender identity - Congress can moot these cases at any time and effectively reverse them after the fact; andMany state and local laws prohibit sexual orientation and gender identity discrimination - these cases do not… [read post]
5 Nov 2013, 12:56 pm
United States, which raises the question of whether a treaty can confer upon Congress the power to enact implementing legislation that would otherwise exceed its enumerated powers. [read post]
11 Jul 2020, 10:48 am
To protect authors’ families from disinheritances, late-life lovers or squabbles among over-reaching heirs, Congress preempted state inheritance law and created statutory heirs.Congress’ statutory scheme benefiting authors and their families has been threatened by recent decisions of the Second and Ninth Circuits that have generated a recent cert petition to the Supreme Court in Steinbeck v. [read post]
18 Mar 2010, 2:41 pm
This is a short editorial on the Supreme Court hearing the gun control case, McDonald v. [read post]
3 Mar 2015, 10:26 am
Congress and state governments almost certainly will be forced to deal with these broader challenges regardless of the outcome of King v. [read post]
