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16 Jun 2022, 9:09 am by Ronald Mann
ShareThe holding of Wednesday’s decision in Viking River Cruises v. [read post]
16 Jun 2022, 8:45 am by Jonathan H. Adler
When the Bush Administration took a similar view of FDA authority (albeit to constrain tort litigation, not state regulations), many progressives and libertarians objected on the grounds only Congress may preempt state laws. [read post]
16 Jun 2022, 7:45 am by Ronald Mann
When Texas authorities decided that their state constitution did not permit that relationship, Congress restored a federal trust relationship for those tribes by passing the Restoration Act in 1987. [read post]
16 Jun 2022, 6:14 am by Naomi Shatz
In 1982, however, the Department of Education amended its regulations and removed the provision that prohibited discriminatory dress and appearance codes, stating that there was no indication when Congress passed Title IX that it intended to authorize agencies to issue federal regulations about appearance codes, and that the agency should focus its Title IX enforcement in other areas. [read post]
16 Jun 2022, 4:15 am by Eileen McDermott
Cooper, which declared that Congress’ abrogation of state sovereign immunity under the Copyright Remedy Clarification Act was unconstitutional. [read post]
15 Jun 2022, 7:50 am by Josh Blackman
In the end, however, we find no evidence Congress endowed state law with anything like the power Texas claims. [read post]
15 Jun 2022, 4:49 am by Bernard Bell
  Id. at ¶71.[1] This state of affairs ended in 1994, when Congress enacted the MMPA Amendments of 1994, Pub. [read post]
15 Jun 2022, 4:30 am by Lawrence Solum
  Here is the abstract: This short essay argues that the congruence and proportionality test of City of Boerne v. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]