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6 May 2024, 4:00 am by Michael C. Dorf
In an essay here on the blog last week, I discussed Justice Alito's suggestion during the oral argument in the Idaho abortion case that Congress lacks the power to preempt state law by imposing conditions on the receipt of federal funds by non-state actors. [read post]
5 May 2024, 9:44 am by Eric Goldman
If a government official identifies themselves as such on their account, but lacks the authority to act on behalf of the state, there is no state action. [read post]
5 May 2024, 4:13 am by SHG
The Supreme Court, in its recent Students for Fair Admissions v. [read post]
3 May 2024, 12:30 pm by John Ross
[Eagle-eyed readers might notice that the court cites Saunders v. [read post]
3 May 2024, 9:02 am by Dennis Crouch
But, LDG moved to dismiss for lack of personal jurisdiction. [read post]
3 May 2024, 8:38 am by Eric Goldman
The court doesn’t acknowledge the cases saying that 512(f) preempts state law claims. [read post]
3 May 2024, 6:30 am by Guest Blogger
  Notwithstanding tobacco’s high death toll and damaging health effects, tobacco companies have survived hundreds of lawsuits challenging their promotion and distribution of a deadly drug, including Lorillard Tobacco Co. v. [read post]
3 May 2024, 3:26 am by husovec
The last four months in the DSA news feel like two years. [read post]
The court stated Noe and Jurgens “stand for the general proposition that trustees lack power to sell trust property after termination absent a specific grant of authority from a trust agreement. [read post]