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3 Dec 2009, 11:01 am by Sean Wajert
Levine decision restricting implied preemption of drugs. [read post]
27 Oct 2021, 9:01 pm by Neil H. Buchanan
The word “income” is in italics in the previous paragraph for a reason, which is that the relevant constitutional provision (the Sixteenth Amendment) allows the federal government to tax “all incomes, from whatever source derived. [read post]
27 Oct 2021, 9:01 pm by Neil H. Buchanan
The word “income” is in italics in the previous paragraph for a reason, which is that the relevant constitutional provision (the Sixteenth Amendment) allows the federal government to tax “all incomes, from whatever source derived. [read post]
15 Sep 2013, 9:33 pm by Charles G. Kels
” The impetus for Congress to adopt this government-wide immunity provision was the Supreme Court’s decision in Westfall v. [read post]
15 Mar 2013, 4:41 am by Rachel Sachs
Bartlett, in which the Court will consider whether federal law preempts state law design-defect claims brought against generic pharmaceutical products, here, and in Sebelius v. [read post]
19 Feb 2020, 9:01 pm by Neil H. Buchanan
I started with the people who work for the federal government (or for government contractors), who obviously are first in line to have their lives turned upside down by a President and a Senate majority who have no use for professional expertise and who will punish anyone who exercises independent and neutral judgment.In future columns, I will discuss how post-constitutional America will be different for those who work in the media, for people of color, and for everyone (even those who… [read post]
19 Oct 2011, 7:03 am by Bexis
  However, the FDA’s preemption analysis in that preamble had already been nuked by the Supreme Court in Wyeth v. [read post]