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13 Aug 2015, 10:56 am
  “[W]hen a party cannot satisfy its state duties without the Federal Government’s special permission and assistance, which is dependent on the exercise of judgment by a federal agency, that party cannot independently satisfy those state duties for preemption purposes. [read post]
20 Jan 2022, 12:36 pm by Eugene Volokh
Nonetheless, it concluded that Eckhardt's speech was constitutionally protected: [We] apply the two-step analysis espoused in Scott v. [read post]
1 Jul 2014, 7:15 am
Here’s an example, from Thursday’s Mississippi Supreme Court opinion in Richardson v. [read post]