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23 Jun 2011, 1:33 pm by David Bernstein
At worst, it re-awakens Lochner’s pre-New Deal threat of substituting judicial for democratic decisionmaking where ordinary economic regulation is at issue.To top things off, Breyer invokes Carolene Products and Williamson v. [read post]
13 Jun 2011, 6:00 am by Sean Moloney
In its 8-0 decision in Williamson v Mazda Motor of America, Inc. earlier this year, the U.S. [read post]
3 Jun 2011, 8:32 am by Bexis
  Another FDA power grab failed in the face of decades of non-use of purported agency authority in FDA v. [read post]
9 May 2011, 2:46 pm by Jonathan Zasloff
  Plaintiffs can indeed challenge government regulations as Takings — but they must do so as an as-applied challenge, which means that they must go to state court first, as Williamson County and San Remo Hotel held, with the claim- and issue-preclusion effects of prior state court judgments. [read post]
5 May 2011, 2:45 pm by Jonathan Zasloff
  The Supreme Court has since upheld this understanding of Williamson County in San Remo Hotel v. [read post]
28 Apr 2011, 3:18 pm by Bexis
 At least the state of the art at the time of the plaintiff’s use applies – unknown and later discovered risks are irrelevant. [read post]
15 Apr 2011, 6:02 am by Bexis
  We, of course think that's wrong under Erie - where the default should be, if a form of liability hasn't been recognized by a state court, then it should be dismissed by a federal court applying that state's law in a diversity action.ConnecticutIn Gerrity v. [read post]