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12 Oct 2021, 7:30 am
Curcione, 657 F.3d 116.Addressing Petitioner's "Constitutional Claims", Appeals concluded that the district court correctly held that her constitutional claims against SUNY Albany are barred by the Eleventh Amendment, which precludes suits by citizens against states unless the state expressly waives its immunity or Congress abrogates that immunity. [read post]
12 Nov 2014, 8:17 am
Tuesday afternoon I had the pleasure of debating/discussing King v. [read post]
12 Feb 2022, 11:42 am
State Responses to APF v. [read post]
20 Aug 2008, 10:58 am
” In 1976 Congress passed the Medical Device Amendments, establishing a national standard with express pre-emption language barring states from imposing their own requirements. [read post]
3 Feb 2011, 1:15 pm
" The Appeals Court said, "The pendency of these parallel state administrative proceedings led the district court to abstain from hearing the appellants' federal citizen suit, ordering dismissal on the authority of Burford v. [read post]
4 Aug 2022, 7:30 am
When it passed the Clean Water Act, Congress redefined the term to mean “waters of the United States. [read post]
3 Jun 2022, 6:05 am
In Doe v. [read post]
11 Sep 2011, 2:40 pm
” Glaxo, Inc. v. [read post]
19 Aug 2012, 9:20 pm
In his dissent in INS v. [read post]
27 Nov 2017, 8:05 am
United States and Town of Vernon v. [read post]
23 Jul 2017, 3:13 pm
The Court’s opinion in US ex rel Ruckh v. [read post]
27 Jun 2015, 8:13 pm
This maneuver preempted the various State legislatures who had been dealing with the question, and now makes it impossible for any legislature (Congress included) to change, modify or eliminate the "right", as it is a federal constitutional one. [read post]
18 Nov 2008, 10:21 pm
In U.S. v. [read post]
11 Jul 2011, 2:35 am
A. v. [read post]
11 Jul 2011, 2:35 am
A. v. [read post]
25 Jul 2013, 1:23 pm
v. [read post]
30 Jul 2012, 8:00 pm
In WEC Carolina Energy v. [read post]
12 Sep 2011, 6:46 am
In Court coverage from the weekend, Adam Liptak of the New York Times previews United States v. [read post]
15 Oct 2010, 8:00 am
(Able v. [read post]
23 Jan 2015, 2:28 pm
From State v. [read post]