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6 May 2024, 4:00 am by Michael C. Dorf
In an essay here on the blog last week, I discussed Justice Alito's suggestion during the oral argument in the Idaho abortion case that Congress lacks the power to preempt state law by imposing conditions on the receipt of federal funds by non-state actors. [read post]
5 May 2024, 7:11 pm by Francis Pileggi
“We stated in MFW that the special committee must be independent, not that only a majority of the committee must be independent,” the high court said’,  “A special committee created to secure the protections of MFW should function “in a manner which indicates that the controlling stockholder did not dictate the terms of the transaction and that the committee exercised real bargaining power at an arm’s length. [read post]
3 May 2024, 12:30 pm by John Ross
Congress has left room for the states to regulate in this area and the FCC doesn't have the power to preempt. [read post]
3 May 2024, 9:35 am by timothy-abeel
The 7.3 is a V8, which means it has eight cylinders in a V formation — the most common layout for eight-cylinder engines. [read post]
3 May 2024, 6:38 am by Holly
Furthermore, it is helpful to look for guidance from court cases that implicate data gathering, such as Electric Power Group v. [read post]
3 May 2024, 6:30 am by Guest Blogger
  Notwithstanding tobacco’s high death toll and damaging health effects, tobacco companies have survived hundreds of lawsuits challenging their promotion and distribution of a deadly drug, including Lorillard Tobacco Co. v. [read post]
2 May 2024, 1:03 pm
Justice Corrigan authors a powerful opinion that holds that it's not permissible for the police to conduct a Terry stop just because someone's in a high crime area and pretending to tie his shoe behind a car in order to avoid the police, and Justice Evan authors an equally powerful concurrence (joined by a majority of the Court) that highlights the racial implications of a rule that assumes that the "normal" response to a police encounter is to welcome… [read post]