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30 Oct 2023, 6:16 am by Jacob Wirz
This is an important question of state law, as deference can allow an agency to win even when its legal position is not the best interpretation of the law.[1] Over the past decade, state legislatures,[2] state courts,[3] and the public[4] have begun to grow wary of the power that deference cedes to state agencies and have started to pare it back. [read post]
6 Mar 2019, 5:36 pm
There are situations in which federal law is supreme over state law. [read post]
28 Jul 2010, 12:08 pm by Joe Singer
In one opinion, he ruled that the law violates the Tenth Amendment by intruding on areas reserved to the states, noting that family law (including the law of marriage) has traditionally been regulated by state law and not federal law. [read post]
26 Apr 2023, 3:54 pm by NARF
United States Department of the Interior (Mineral Royalties; State Intervention) Alturas Indian Rancheria v. [read post]
18 Apr 2024, 11:02 am by Josh Blackman
[The walls are closing on universal, non-party injunctions against state laws. ] Labrador v. [read post]
30 Apr 2009, 6:46 am
  Like the previous case addressing conflicts between state and federal bank regulators, Watters v. [read post]
29 Feb 2008, 1:42 am
Robin Kundis Craig (Florida State University - College of Law) has posted Justice Kennedy and Ecosystem Services: A Functional Approach to Clean Water Act Jurisdiction after Rapanos on SSRN. [read post]
8 Dec 2021, 3:05 pm by NARF
Tying a tribal officer's hands: Tribal law enforcement authority under United States v. [read post]
12 Aug 2020, 2:12 pm by Unknown
State of Alaska (Indian Child Welfare Act) Klein v. [read post]
31 Jan 2024, 6:22 am by Guest Author
Sweet Home Chapter of Communities, the Court distinguished its previous decision in United States v. [read post]
22 Feb 2010, 9:00 pm by Adjunct LawProfs
The refusal of a municipality to hire an over 45-year-old job applicant as a law enforcement officer because of statutory age limits governing a state police... [read post]
12 Jul 2017, 12:36 pm by Ruthann Robson
Professor Ruthann Robson, City University of New York (CUNY) School of Law In a careful and well-reasoned opinion in Animal Defense Fund v. [read post]
9 May 2004, 5:01 pm
Southern Pacific Railroad Company that corporations were "persons" within the terms of the Fourteenth Amendment, and therefore were due rights of equal protection under state law. [read post]