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25 Jun 2012, 2:23 pm by jleaming@acslaw.org
The proposition that federal law trumps state law if there is a conflict is not in dispute. [read post]
17 May 2024, 8:36 am by Eric Goldman
In In Re Jackson, Judge Leval applied this approach to a right of publicity claim, but it is applicable to any state law cause of action, and in X v. [read post]
7 Nov 2006, 2:35 pm
Economists and scholars have filed a Supreme Court amicus brief calling for federal preemption of state "anti-predatory lending laws" for federally chartered banks in the important Watters v. [read post]
29 Nov 2007, 6:12 am
On Tuesday, we summarized and linked to Drug and Device Law's discussion of Thomson v. [read post]
10 Aug 2018, 8:00 am by Dan Ernst
State court duties thus will not necessarily enhance the enforcement of federal constitutional law, and might actually undermine it. [read post]
6 Mar 2010, 12:45 pm by Evan Criddle
”  Some commentators have suggested that the doctrine operates like a choice-of-law rule, requiring U.S. courts to accept the validity of a foreign act of state based on the foreign state’s own law rather than U.S. or international law (e.g., Restatement on Foreign Relations § 443, reporters’ note 1). [read post]