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27 Aug 2010, 5:40 pm by Jon
Much discussion of the Wickard v. [read post]
6 Aug 2007, 7:31 am
As Justice Brandeis said in his dissent in Olmstead v. [read post]
1 Mar 2017, 11:38 am by Eric Goldman
Congress has clearly stated that an ICS cannot be liable for offensive content created by others. [read post]
27 Feb 2007, 9:12 am
Among the amici urging the Court simply to overrule Flast v. [read post]
8 Jun 2022, 6:42 pm by Howard M. Wasserman
’” Stated another way, “we ask whether ‘there are sound reasons to think Congress might doubt the efficacy or necessity of a damages remedy’ at all. [read post]
24 Jun 2011, 3:47 pm by Stephen Wermiel
  In terms of potential impact, the case of Sorrell v. [read post]
7 Apr 2007, 11:01 am
The Bush Administration also clashed with states in the recent case of Massachusetts v. [read post]
25 Nov 2008, 7:39 pm
  That decision held Congress' "Apology Resolution" required the State of Hawaii to reach a political settlement with Native Hawaiians, and prohibited the State from selling, exchanging, or transferring the ceded lands until that political resolution was accomplished. [read post]
25 Sep 2024, 8:47 am by Tyler Loga
To determine whether a claim is completely preempted, the court looks to whether Congress: (1) intended to displace a state-law cause of action and (2) provided a substitute cause of action. [read post]