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18 Jun 2024, 6:00 am by Daniel M. Kowalski
Under binding Supreme Court precedent, Senate File 2340 is preempted in its entirety by federal law and thus is invalid under the Supremacy Clause. [read post]
18 Jun 2024, 5:36 am by The Petrie-Flom Center Staff
As Price and Cohen have pointed out, entities subject to federal Health Insurance Portability and Accountability Act (HIPAA) requirements represent just the tip of the informational iceberg. [read post]
18 Jun 2024, 5:00 am by Josh Blackman
The Office of the Solicitor General (OSG) presents oral arguments on behalf of the federal government in almost all cases before the Supreme Court. [read post]
18 Jun 2024, 4:00 am by Sherica Celine
Understand proscriptions under the federal Anti-Kickback Statute, the federal physician self-referral (Stark) law, and the Internal Revenue Code when drafting employment agreements. [read post]
18 Jun 2024, 4:00 am by Sherica Celine
State Law Comparison Tool: Financial Institution Regulations Topic provides federal and state-specific guidance and the ability to compare state laws for banking and non-banking financial institutions in the areas of licensing, capital requirements, AML/CFT guidelines, recordkeeping, supervision, and enforcement authority. [read post]
18 Jun 2024, 4:00 am by Sherica Celine
California: The Second Appellate District of the California Court of Appeal holds that where an arbitration agreement specifies that it is governed by the Federal Arbitration Act (FAA) and does not expressly elect California law, the FAA preempts Cal. [read post]
18 Jun 2024, 4:00 am by Howard Friedman
  Education is one of the most important functions of state and local governments and is an area where states “historically have been sovereign. [read post]
18 Jun 2024, 12:05 am by Josh Richman
I think there's a lot of ways in which AI can augment our weak human bodies in ways that are beneficial for people and not simply increasing the control that their governments and their employers have over their lives and their bodies. [read post]
17 Jun 2024, 8:10 pm by lennyesq
”  Whatever the merits of these criticisms, it is not the business of federal judges—government actors with particularly stringent duties of impartiality—to police the political views of school administrators and faculty. *** Read Complete Statement of NYC Bar… [read post]
17 Jun 2024, 4:31 pm by INFORRM
To prevent children from accessing inappropriate and harmful online content, the federal government is already funding a trial of “age assurance” technologies. [read post]
17 Jun 2024, 3:35 pm by Steven Calabresi
The Framers meant for the federal government to rely only on indirect taxes in peacetime, but they made available direct taxes that are not geographically biased in wartime. [read post]
17 Jun 2024, 1:14 pm by bklemm@foley.com
In concluding that nothing in Section 10(j) displaces the presumption that the traditional preliminary injunction principals govern, the Supreme Court held that federal courts must use the traditional four-part test when evaluating the NLRB’s request for a Section 10(j) preliminary injunction. [read post]
17 Jun 2024, 11:46 am by Aaron Mackey
Government warnings on speech implicate our fundamental rights to speak, to receive information, and to think. [read post]
17 Jun 2024, 11:36 am by Jonathan Hafetz
Militant democracy can include prohibiting political parties and activities that aim to subvert democratic governance. [read post]
17 Jun 2024, 11:16 am by McKennon Law Group
The need for comprehensive federal regulation became evident, leading to the enactment of ERISA. [read post]