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13 Apr 2020, 9:47 am
It is interesting that the Supreme Court’s opinion in Allen did not even mention Ex Parte Young, which makes one wonder whether some of the justices might be reconsidering this long-established exception to state sovereign immunity. [read post]
6 Dec 2018, 5:00 am
Supreme Court has sent Weyerhaeuser Company v United States Fish and Wildlife Service, 586 U. [read post]
22 May 2020, 10:37 am
United States v. [read post]
14 Mar 2018, 11:45 am
For the Oregon hypothetical, the solicitor general explains that states never have immunity in the courts of the other states, pointing to the Supreme Court’s 1979 decision in Nevada v. [read post]
23 Nov 2023, 6:30 am
Tanner Allread, Stanford University, has posted The Specter of Indian Removal: The Persistence of State Supremacy Arguments in Federal Indian Law, which appears in the Columbia Law Review:In the 2022 case of Oklahoma v. [read post]
26 Apr 2007, 1:04 am
Morton, Applicant v. [read post]
31 Jan 2017, 8:17 am
V. [read post]
23 Oct 2019, 1:23 pm
The district court issued a preliminary injunction barring the enforcement of the rules in several states. [read post]
21 Jun 2022, 9:48 am
here, the "political divisiveness along religious lines" argument in church-state law has always been wrong: Nearly thirty-five years ago, in Lemon v. [read post]
12 Jul 2007, 9:58 am
These regulations face preemption problems, an issue that California has tried to address through a long-neglected waiver request to the EPA. [read post]
20 Feb 2014, 7:21 am
Supreme Court decision, U.S. v. [read post]
17 Dec 2010, 12:15 pm
On December 14th, in United States v. [read post]
28 Jun 2013, 4:33 am
In Hunt v. [read post]
11 Apr 2016, 6:30 am
The same constitutional challenge was made in 2014 in State v. [read post]
21 Dec 2015, 10:56 am
Uh, a long time ago when I was, uh, uh, illegal in this country, oh, so many years, I used, uh, Francisco Lopez. [read post]
17 Feb 2016, 9:24 pm
Citing Anderson-Bagshaw and Justice Sotomayor’s concurrence in United States v. [read post]
21 Feb 2007, 2:44 am
In examining long-forgotten judicial opinions and legislative records, this Essay reveals that this is a profoundly mistaken historical claim. [read post]
18 Oct 2017, 2:45 am
The Court rejected the Secretary of State’s arguments based on state immunity and held that whilst there was a long-standing consensus of states in favour of immunity, there had never been sufficient international consensus for an absolute rule in customary international law. [read post]
11 Jul 2018, 5:21 pm
In the long run, however, the benefits to blue-state budgets may prove more consequential. [read post]
