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16 Dec 2015, 12:07 pm by Helen Alvare
The two leading cases specifying the “compelling state interest” test – Holt v. [read post]
6 Jul 2012, 10:08 am by Kali Borkoski
On Monday, SCOTUSblog will kick off an online symposium on Kiobel v. [read post]
24 May 2013, 8:35 am by Rick Hills
Constitution's "non obstante" phrase in Article VI ("any Thing in the Constitution or Laws of any State to the Contrary notwithstanding") is a term of art intended to eliminate the canon against implied repeal that might otherwise induce courts to strain to save state laws from preemption by federal laws. [read post]
27 Jun 2012, 5:07 am by Jamison Koehler
” The standard was further refined by a succession of Supreme Court cases, including United States v. [read post]
13 Sep 2020, 11:07 am by Eric Goldman
Yet, for the same reasons discussed in the preceding section on Plaintiff’s state law claims, CDA immunity for Plaintiff’s federal law TVPRA claim is not warranted at this stage. [read post]
2 Jun 2010, 5:00 am by Kimberly A. Kralowec
In other words, does the FAA preempt state-law unconscionability principles as applied to no-class-action arbitration clauses in consumer contracts of adhesion? [read post]
1 Jul 2022, 11:27 pm by Bickerton Law
   Law enforcement has stepped up its investigation of cryptocurrency fraud.In United States v. [read post]
EMW Women’s Surgical Center that Kentucky Attorney General Daniel Cameron can defend the state’s controversial law restriction abortion. [read post]
24 Jan 2012, 11:34 am
 Because the federal standards under the FMIA and the new state law were inconsistent, the Nation Meat Association brought suit challenging the California law. [read post]
24 Jan 2012, 11:34 am
 Because the federal standards under the FMIA and the new state law were inconsistent, the Nation Meat Association brought suit challenging the California law. [read post]