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As we wrote here, in January 2020, state court Judge William Highberger issued a decision holding that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts use of California’s version of the “ABC” test (as adopted by the California Supreme Court in Dynamex Operations West Inc. v. [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
Gore litigation—Chief Justice William Rehnquist joined by Justices Antonin Scalia and Clarence Thomas—that is the modern font of this notion that elected state legislatures are protected from interference by other state bodies with regard to regulation of federal elections. [read post]
CASES PENDING AT THE CALIFORNIA SUPREME COURT There are no cases pending at the California Supreme Court at this time. [read post]
24 Oct 2020, 2:24 pm by Eugene Volokh
[So holds the California Court of Appeal, interpreting the California anti-SLAPP statute.] [read post]
24 Oct 2020, 2:24 pm by Eugene Volokh
[So holds the California Court of Appeal, interpreting the California anti-SLAPP statute.] [read post]
14 Oct 2020, 11:50 am by Ilya Somin
California, the case on that subject currently before the Supreme Court. [read post]
9 Oct 2020, 6:30 am by Guest Blogger
Once this system takes hold, it forms a true equilibrium from which only oddball states (Maine and Nebraska) will depart. [read post]
(2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]