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17 Jan 2020, 4:00 am
It reads in part:Even when no Federal regulation or grant term penalizes or disqualifies grant applicants from participation based on their religious character, some state laws governing awards to subgrantees, including state constitutions, may purport to limit sub-grantee participation in violation of the U.S. [read post]
16 Dec 2013, 3:31 am
Here is the abstract: The establishment of federal recognition is the cornerstone of federal Indian law. [read post]
19 Dec 2008, 3:34 am
New York Governor David Paterson and State Medicaid Inspector General James Sheehan announced that the state recovered $551 million in funds lost to Medicaid fraud and abuse.The federal government requires states to root out Medicaid abuses, and New York had agreed to find $215 million of wrongdoing, but in fact recovered more than twice the targeted amount. [read post]
27 Aug 2013, 4:00 am
The State reports on the decision, and Anglican Curmudgeon blog comments at length on the decision from the perspective of the break-away congregations. [read post]
18 Dec 2016, 6:42 am
Jeff Rosen reminds us to take heart in Heather Gerken's "Progressive Federalism," in which national minorities can press ahead with state and local initiatives that would perish in a pigeonhole if suggested in the halls of Congress. [read post]
27 Mar 2019, 11:26 am
State and federal authorities are pursuing drug traffickers and users with unprecedented zeal. [read post]
30 Jul 2015, 8:51 am
As stated in the legislative history, "[a]s long as a work fits within one of the general subject matter categories [of federal statutory copyrights], the bill prevents the States from protecting it even if it fails to achieve federal statutory copyright because it is too minimal or lacking in originality to qualify, or because it has fallen into the public domain. [read post]
8 Mar 2015, 8:18 am
According to Ilya, New York holds that Congress can commandeer states by threatening to impose regulatory or tax burdens on private parties, even when those burdens serve no purpose except to act as leverage by which to induce states to regulate private persons according to federal standards. [read post]
26 Nov 2020, 11:15 pm
Marshals Service provides protection for federal judges at courthouses and sometimes in their personal residences depending on known threats, federal judges, even United States Supreme Court justices, do not have personal, round-the-clock style “Secret Service” protection. [read post]
26 Nov 2020, 11:15 pm
Marshals Service provides protection for federal judges at courthouses and sometimes in their personal residences depending on known threats, federal judges, even United States Supreme Court justices, do not have personal, round-the-clock style “Secret Service” protection. [read post]
11 Oct 2007, 1:02 pm
I noted here last week this article from Boston discussing a brouhaha over a state judge vacating a prior state conviction in an effort to impact federal sentencing realities. [read post]
11 Mar 2022, 8:59 am
[1] Federal employees have unique legal protections, unique pay provisions, and often have completely different concerns in terms of job separation when compared to private or state employees in the same area. [read post]
9 Apr 2010, 8:53 am
So, putting together Rick's post and mine, what we need is a federal support for states, but one that 1. makes states pay part of the bill, so that moral hazard is constrained; and 2. turns off automatically when the state gets out of the recession. [read post]
19 Nov 2015, 10:41 am
That state trade secret law is not preempted is no answer, because the supremacy clause will dictate how federal law applies. [read post]
24 Apr 2014, 8:14 am
Massachusetts Federal Defense Our office has tried countless cases in state and federal courts in Massachusetts. [read post]
26 Jul 2016, 12:55 pm
United States, 511 U.S. 485 (1994), where the Supreme Court held that a defendant cannot collaterally attack a state conviction through an appeal of a federal sentence. [read post]
4 Aug 2021, 11:46 am
" Her order continued: "The Executive Order causes irreparable injury to the United States and to individuals the United States is charged with protecting, jeopardizing the health and safety of non-citizens in federal custody, risking the safety of federal law enforcement personnel and their families, and exacerbating the spread of COVID-19. [read post]
17 Aug 2022, 12:40 pm
We recently authored an article for Washington Legal Foundation examining whether federal law preempts state prescription drug coverage laws that would apply to employer-sponsored group health plans. [read post]
15 Jan 2014, 4:16 am
Each of these states have lawsuits, or will soon have lawsuits, seeking declarative relief that such provisions are unconstitutional under our federal constitution. [read post]
1 Jul 2011, 6:56 am
Blog of the Legal Times: State, Federal Wiretap Applications Up 34%: Law enforcement officers are listening. [read post]
