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3 Aug 2011, 4:00 am
AP reported yesterday that the federal government has taken the unusual step of asserting the state secrets privilege in a motion to dismiss most of a lawsuit filed in federal district court in southern California against the FBI over its use of informants to infiltrate mosques. [read post]
19 Jul 2018, 1:50 pm
I support many of the lawsuits filed by blue states and localities against the federal federal government, such as those seeking to protect "sanctuary cities" against federal coercion and commandeering. [read post]
28 May 2020, 10:46 am
They held that the state-law claim brought by the cities did “not raise a substantial federal issue. [read post]
30 Mar 2018, 4:37 pm
San Diego County officials are weighing whether to join forces with Orange County in a revolt against the state's so-called sanctuary law. [read post]
21 Aug 2023, 8:41 pm
“The Radio Television Digital News Association is proud to present this comprehensive guide to state and federal laws regarding cameras in the courts. [read post]
6 Aug 2022, 11:19 am
With lots of bills being introduced and debated at the federal level, it is dangerously easy to overlook the fact that marijuana reform in the US has been almost exclusively a state story for a quarter century and is likely to remain mostly a state story even if some federal... [read post]
8 Mar 2017, 8:00 am
The Federal Act did not preempt the Florida state law. [read post]
4 Feb 2019, 3:30 am
Traditional theories of federalism view state power as derived from separation from the federal government, with federal authority negating state power. [read post]
22 Dec 2009, 11:58 am
Despite this federal policy, however, when federal courts derive their jurisdiction from diversity, the familiar Erie doctrine requires those courts to apply state-and not federal-law to determine the enforceability of all contracts. [read post]
3 Dec 2019, 10:16 pm
Brief of the United States (Department of Justice and the Federal Trade Commission), in support of Chamber of Commerce of the United States of America and Rasier, LLC, v. [read post]
10 Feb 2010, 10:27 am
Minnesota litigators are well aware of the substantial difference between taking third-party discovery out of state for a federal case pending in Minnesota as compared to a Minnesota state court action. [read post]
22 May 2018, 8:00 am
The essay is structured around three of the most significant ways in which the federal judiciary has historically made and enforced criminal justice policy: by adjudicating federal criminal prosecutions; by reviewing state-court convictions, via federal habeas jurisdiction; and by reforming state prisons and local jails, via constitutional conditions-of-confinement litigation. [read post]
5 Aug 2013, 8:01 am
The state and federal courts also do not want to resolve duplicative litigation. [read post]
15 Nov 2016, 7:52 am
The ongoing clash of federal and state marijuana laws forces us to consider the preemptive power of federal drug laws and the appropriate roles for state and federal governments in setting drug policy. [read post]
17 Feb 2019, 2:06 pm
The same rules therefore should apply to migrant detention centers on state and federal land. [read post]
5 Oct 2021, 2:51 pm
The post Federal appeals court upholds Trump-era tax code change limiting state, local tax deduction appeared first on JURIST - News - Legal News & Commentary. [read post]
22 Oct 2023, 9:05 pm
“This has created the pervasive myth that federal statutes like the FMIA, HMSA, and PPIA preempt any enforcement of state anti-cruelty laws in cases involving farmed animals. [read post]
Bond v. United States: SCOTUS Interprets Criminal Statute Narrowly to Preserve Federal-State Balance
3 Jun 2014, 9:23 am
Ashcroft, 501 U.S. 452 (1991), which Bond quoted as follows: “’it is incumbent upon the federal courts to be certain of Congress’ intent before finding that federal law overrides’ the ‘usual constitutional balance of federal and state powers. [read post]
27 Apr 2011, 12:32 pm
Concepcion [Cornell LII backgrounder; JURIST report] that the Federal Arbitration Act (FAA) [text], which provides for judicial facilitation of private dispute resolution through arbitration when the transaction involves interstate commerce, preempts states from enforcing alternate solutions when arbitration clauses are considered unconscionable. [read post]
19 Mar 2014, 10:11 am
Yang Private Attorney General Actions (PAGA) brought by individuals as representative actions on behalf of the State of California and other aggrieved employees are not sufficiently similar to federal Rule 23 class actions to support federal jurisdiction under the Class Action Fairness Act (CAFA). [read post]
