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29 Jul 2011, 12:24 am by Lawrence Solum
These devices include, of course, the separation of powers and federalism, as well as the pluralistic principle of church-state separation, correctly understood. [read post]
Oral arguments for this case in late March may as well have been a live stress test of the modern administrative state. [read post]
11 Apr 2008, 5:08 am
I now shamelessly crib from a lower court decision by Justice Walter Tolub in 2006 against Comptroller Hevesi and the State (citations have been omitted):It is well settled that the Court of Claims has exclusive jurisdiction over actions for money damages against the State, State agencies, or State officials acting in their official capacities in the exercise of governmental functions. [read post]
23 Mar 2018, 1:56 pm
Moreover, it is well settled that federal law does not preempt state law in this area, and therefore state law is controlling to the extent it is more protective of workers than federal law. [read post]