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27 Mar 2020, 6:00 am by Terry Hart
Opinion analysis: Congress cannot subject states to suit for pirating and plundering copyrighted material — Writing at SCOTUSBlog, Howard Wasserman breaks down Monday’s decision in Allen v. [read post]
9 May 2011, 7:52 am by Lisa Larrimore Ouellette
Congress acts, in short, against the background of the total corpus juris of the states in much the way that a state legislature acts against the background of the common law, assumed to govern unless changed by legislation.One might think that patent law is entirely federal, but Professor Amar (who has also reviewed an earlier edition of the casebook) liked to remind us that federal law is never in a vacuum.Amar often cited a 1957 article by the late Paul Mishkin, The… [read post]
8 Mar 2019, 1:20 pm
  So while I thought today's opinion was persuasive on the whole "Congress wanted uniformity not state-law specific stuff re: removal," upon reflection, I've changed my mind.(2) We're going to have a hell of a time figuring out how far today's opinion goes. [read post]
4 Mar 2015, 8:28 pm
This sort of “well, Congress did such a bad job that states have no choice but to step in and bail Congress out by acquiescing” argument is, as U.S. [read post]
2 Apr 2008, 12:57 pm
Texas.The court concluded, correctly in our view, that if Congress would subject states to international norms and conventions, then lawmakers better say so explicitly. [read post]
12 Aug 2014, 9:42 pm by H. Scott Leviant
A class was certified.After the United States Supreme Court issued AT&T Mobility LLC v. [read post]
28 Apr 2023, 5:46 am by Michael C. Dorf
Then suppose Congress or a state legislature were to pass a law forbidding corporations from making certain certain independent expenditures in support of Republicans but not Democrats (or vice-versa) or forbidding corporate expenditures in opposition to some extant government policy but allowing such expenditures in support of that policy. [read post]
12 Jan 2021, 10:19 am by Jeremy Gordon
Readers interested in learning about another Foreign Sovereign Immunities Act case currently before the Supreme Court, Federal Republic of Germany v. [read post]