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15 May 2024, 1:07 pm by Stephen E. Sachs
This Clause likely protects a variety of preexisting rights defined by general law—rights that we today might call common-law rights, but not in the sense of being up to state or federal judges to invent. [read post]
14 May 2024, 6:00 am by DONALD SCARINCI
The Court revisited the scope of the residual clause in Southwest Airlines Co. v. [read post]
13 May 2024, 3:42 pm
S., at 186, n. 3 (“Section 11’s omissions clause also applies when an issuer fails to make mandated disclosures—those ‘required to be stated’—in a registration statement”). [read post]
13 May 2024, 12:25 pm by Lawrence Solum
Brackeen without explaining why the doctrine should be extended from the Interstate Commerce Clause context to that of the Indian Commerce Clause, as well as to the other congressional powers that form the basis of the Indian Child Welfare Act (ICWA). [read post]
13 May 2024, 6:49 am by Ina Iyer
One or more of the policies may also state that they operate in excess of the others, or not at all in the case of double insurance. [read post]
13 May 2024, 3:35 am by Matthew L.M. Fletcher
Brackeen without explaining why the doctrine should be extended from the Interstate Commerce Clause context to that of the Indian Commerce Clause, as well as to the other congressional powers that form the basis of the Indian Child Welfare Act (ICWA). [read post]
13 May 2024, 12:57 am by INFORRM
Petitioners argue that the law infringes on constitutional rights in several ways: the First Amendment, the prohibition against bills of attainder, and the Equal Protection Clauses and Takings Clauses of the Fifth Amendment. [read post]
12 May 2024, 9:01 pm by renholding
” In addition, if more states enact fair access laws, financial institutions may be required to comply with an increasing number of fair access laws that may be inconsistent from state to state. [read post]
10 May 2024, 9:31 pm by Steven Calabresi
Washington, D.C. super-lawyer, Gene Schaerr, has filed an amicus brief in United States v. [read post]
10 May 2024, 6:45 am by Evangelina Cantu
State Petitioners argue that this principle also categorically prohibits Congress from using its2  Commerce Clause power in a way that withdraws sovereign authority from some states but not others. [read post]
10 May 2024, 5:10 am by Andrew Lavoott Bluestone
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]