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12 Oct 2021, 7:30 am by Public Employment Law Press
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]
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 by WIMS
"         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 by Dan Farber
When it passed the Clean Water Act, Congress redefined the term to mean “waters of the United States. [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]
12 Sep 2011, 6:46 am by Kali Borkoski
In Court coverage from the weekend, Adam Liptak of the New York Times previews United States v. [read post]