Browse Exclusive and concurrent legislative powers topic

Subtopics (10) Analysis Cases Environmental aspects Evaluation International aspects Laws, regulations and rules Management Political aspects Reports Washington, D.C.

Articles 1-100 out of 100 article(s) Title Author Type Date Words The essential role of state enforcement in the brave new world of greenhouse gas emission limits. Bogoshian, Matt; Alex, Ken Dec 22, 2009 5564 Climate change action in Connecticut: linking energy, the environment and the economy. Farrell, Paul E. Dec 22, 2009 4517 The effectiveness of home rule: a preemption and conflict analysis. Wolf, James R.; Bolinder, Sarah Harley Jun 1, 2009 5414 Not many people get excited about "federal preemption," but what is at issue is how much of the national economy trial lawyers get to carve up. Brief article Apr 6, 2009 152 Federalization in information privacy law. Bellia, Patricia L. Mar 1, 2009 14563 Preemption and privacy. Schwartz, Paul M. Mar 1, 2009 19125 Teen Paxil-related suicide case is not preempted, judge says. Heylman, Susan Nov 1, 2008 895 Sec. 6015 does not preempt state community property law for refund purposes. Beavers, James Oct 1, 2008 1106 Wyeth v. Levine sets up a showdown in the preemption corral. Porter, Rebecca Oct 1, 2008 1764 FDA advisory does not preempt failure-to-warn suit, Third Circuit rules. Heylman, Susan Oct 1, 2008 725 The perils of preemption: the Bush administration has strongly advocated preemption of state common law tort claims, seeking to deny civil justice to plaintiffs who are harmed by federally regulated products and activities. What should the next administration and Congress do to turn around those efforts? McGarity, Thomas O. Sep 1, 2008 4253 House bill would declare medical device claims not preempted. Sep 1, 2008 419 Eighth Circuit upholds no-preemption amendment in rail suit. Jablow, Valerie Sep 1, 2008 832 New York's Highest Court Applies Assumption Of Risk Doctrine And Reviews Pre-Emption Under The Graves Amendment. Cronmiller, Thomas Case overview Jul 30, 2008 930 Stealth tort 'reform' unveiled. Peterson, Kathleen Flynn President's page Jul 1, 2008 711 Media coverage, hill hearing put spotlight on preemption. Jul 1, 2008 324 Kewanee revisited: returning to first principles of intellectual property law to determine the issue of federal preemption. Sandeen, Sharon K. Jun 22, 2008 28648 In FDA preemption cases, a loss on devices, a close call on drugs. May 1, 2008 558 A troubling trend in preemption rulings. Chemerinsky, Erwin May 1, 2008 2186 Communications effort focuses Congress, media on preemption. Apr 1, 2008 396 The National Flood Insurance Program: a "flood" of controversy. Richards, R. Jason Apr 1, 2008 6048 A clear path for railroad negligence cases: many railroad cases have been blocked by preemption in recent years, but a legislative amendment has cleared the way for them to move forward. Here's what the amendment means for you. Van Dyck, Sharon L. Feb 1, 2008 2577 Fifth Circuit rejects preemption in auto glass case. Sileo, Carmel Jan 1, 2008 831 Ninth Circuit finds FCN treaty with Japan does not preempt state whistleblower law. (International Economic Law). Oct 1, 2007 1140 Extraterritorial application of state fishery management regulations under the Magnuson-Stevens Fishery Conservation and Management Act: have the courts missed the boat? Mastry, Mike Jun 22, 2007 8717 On the rails, wrongs without remedies. Straub, Bill Apr 1, 2007 703 A primer on counties and municipalities. Tucker, David G. Apr 1, 2007 2730 Don't let preemption ground your aviation case: defendants in aviation lawsuits are pushing the preemption argument hard to get cases removed to federal court or stop them before they leave the gate. Help your case take off by honing your anti-preemption strategy. Bowen, Donna Mar 1, 2007 3091 Focus on facts to defeat preemption: while preemption is primarily a question of law, factual evidence about a federal agency's action or inaction can help plaintiffs defeat a motion to dismiss. Menzies, Karen Barth Mar 1, 2007 4388 Why preemption proponents are wrong: corporate defendants' claim that the effect of state tort actions is equivalent to state positive law has no merit. The reality is that consumer protection can be guaranteed only when tort remedies work in tandem with federal regulation. Wolfman, Brian Mar 1, 2007 4924 Taking on big pharma - and the FDA: the fight against federal preemption is far from over, but some courts have rejected drug company claims that an FDA preamble should be granted sweeping deference. Bograd, Louis M. Mar 1, 2007 3330 Preemption still shielding tobacco companies from liability. Mura, Andre Mar 1, 2007 1077 Judge rejects preemption in heart device case. Sileo, Carmel Feb 1, 2007 766 The politics of preemption: an application of preemption jurisprudence and policy to California Assembly Bill 1493. Colangelo, Sara A. Jan 1, 2007 12206 Proposed evidence rule changes would thwart state law, ethics. Dec 1, 2006 416 Undue deference: using federal agency rulemaking to promote federal preemption is a new tactic to undermine the civil justice system. Here's how to make the case against assertions that courts should defer to pro-preemption statements in agency rules. Frankel, Richard Nov 1, 2006 4430 Antitrust and the supremacy clause. Squire, Richard Oct 1, 2006 27769 The 10,000 pound gorilla: federal preemption in class III medical device cases. DeVaney, Donna B.; Hamilton, Patrick A. Oct 1, 2006 4977 Exposing stealth tort 'reform'. Eidson, Lewis S. President's page Aug 1, 2006 755 Toward a basal Tenth Amendment: a riposte to national bank preemption of state consumer protection laws. Fisher, Keith R. Jun 22, 2006 23930 Federalism on ice: state and local enforcement of federal immigration law. Booth, Daniel Jun 22, 2006 7653 State legislators call federal preemption a growing problem. Sileo, Carmel Jun 1, 2006 665 Perilous crossings: dangerous railway crossings kill hundreds of motorists each year, but federal preemption often bars recovery. Defend your clients' rights by identifying viable state law causes of action and using federal regulations to your advantage. Pottroff, Robert L. Apr 1, 2006 3560 Supreme court weighs enforcement of arbitration clause in 'payday' loans. Burtka, Allison Torres Jan 1, 2006 1666 A turning of the tide for preemption: new developments in preemption law bode well for plaintiffs in products cases. Brueckner, Leslie A. Nov 1, 2005 4561 Supreme Court preemption decision bugs pesticide makers. Sileo, Carmel Jul 1, 2005 549 Avoiding ERISA under disability insurance contracts. Winkles, D. Frank; Tison, Claude H., Jr. May 1, 2005 5678 Recent Supreme Court Rulings Affecting Employer-Sponsored Health Plans. Clute, Karen Dec 17, 2004 983 In pursuit of safety and soundness: an analysis of the OCC's anti-predatory lending standard. McMonagle, Diana Nov 1, 2004 9144 FDA approval preempts medical-device injury claims, Third Circuit says. Porter, Rebecca Oct 1, 2004 1039 OCC Further Clarifies Lending Preemption Regulation. Sep 1, 2004 1267 Sixth Circuit gets on track for plaintiff in railroad case. Sileo, Carmel Sep 1, 2004 671 The preemption danger. Casey, David S., Jr. President's Page May 1, 2004 776 New Federal Preemption Regulations Level the Playing Field for National Banks. Jan 27, 2004 2306 Supreme Court wades into ERISA's 'Serbonian bog' again. Hellwege, Jean Jan 1, 2004 1818 Rebutting the implied-preemption defense: in products suits, drug companies are seeking immunity under theories of implied preemption. Their arguments are flawed. Zieve, Allison M. Nov 1, 2003 4186 High Court ruling on ERISA is another blow to HMOs. Jurand, Sara Hoffman Jun 1, 2003 708 ERISA does not preempt state medical malpractice suit, Second Circuit rules. Porter, Rebecca Apr 1, 2003 723 Saving state law bad-faith claims from preemption: most lower courts continue to void state law remedies for ERISA plan participants. But a few federal district court judges are reevaluating the act's preemptive effect on state law insurance bad-faith claims in light of recent U.S. Supreme Court analyses. Bogan, Donald T. Apr 1, 2003 4458 Judging federal regulations that preempt state law: the role of the presumption against preemption. Cole, Charles G. Mar 22, 2003 2812 State and federal preemption in the mobile home arena: what can local governments truly regulate? . Minkoff, Sanford A.; Marsh, Melanie N. Feb 1, 2003 3696 Supreme Court rejects federal preemption in boating case. Porter, Rebecca Feb 1, 2003 652 Supreme Court approves state review of HMO decisions; Congress stalls. Holt, Janet L. Sep 1, 2002 1374 Business, the states, and federalism's political economy. Greve, Michael S. Jun 22, 2002 13129 Re-entering the arena: restoring a judicial role for enforcing limits on federal mandates. Eastman, John C. Jun 22, 2002 8713 The problem of tort reform: federalism and the regulation of lawyers. Gasaway, Robert R. Jun 22, 2002 4123 Judicial review, the congressional process, and the federalism cases: an interdisciplinary critique. Frickey, Philip P.; Smith, Steven S. May 1, 2002 22494 An antidote to preemption: plaintiff lawyers can see to it that the Supreme Court's Buckman decision does not spread preemption to perfectly healthy products claims. Heacox, Catherine T. Feb 1, 2002 4291 How to buck preemption in drug cases. Parr, Edward J., Jr. Nov 1, 2001 4519 The auto-safety preemption war since Geier: a year ago, the Supreme Court ruled that consumers may not sue auto manufacturers for failing to equip a car with air bags. But the narrow decision does not affect many other auto safety claims. Palmer, Robert M.N. Nov 1, 2001 4137 Yes, Virginia (Tech), our government is one of limited powers. Dimino, Michael Richard Jun 22, 2001 10541 Supreme court rules that suit for fraud on federal agency is preempted. Porter, Rebecca Apr 1, 2001 740 The air bag preemption war. Coben, Larry E. Sep 1, 2000 2628 High Court narrowly blocks `no air bag' lawsuits. Shoop, Julie Gannon Jul 1, 2000 677 Compliance with minimum seat belt standards does not preempt claim, court says. Gelhaus, Lisa Jul 1, 2000 471 Idaho Sporting Congress v. Thomas and sovereign immunity: federal facility nonpoint sources, the APA, and the meaning of "in the same manner and to the same extent as any nongovernmental entity." Craig, Robin Kundis Jun 22, 2000 16403 Railroads gain immunity from unsafe-crossing suits. Gelhaus, Lisa Jun 1, 2000 301 We thought we were safe: federal court holds RCRA preempts state petroleum cleanup bar statute. Fingar, Robert D.; Ansbacher, Sidney F. Apr 1, 2000 3313 Supreme Court case puts railroad crossing negligence claims at stake. Gelhaus, Lisa Apr 1, 2000 656 Statues of repose: laws that come back to haunt. Loiacono, Kristin Feb 1, 2000 877 Plaintiffs will benefit from Third Circuit's rejection of preemption argument. Brienza, Julie Jan 1, 2000 504 ERISA preemption hinges on quality of care provided, Third Circuit rules. Porter, Rebecca Dec 1, 1999 640 Ohio tort `reform' measure overturned. Peck, Robert S. Nov 1, 1999 4446 Overcoming the Boggs dilemma in community property states. Cochran, Carol Mayo Sep 1, 1999 2950 Overcoming the Boggs dilemma in community property states. Cochran, Carol Mayo Aug 1, 1999 3867 ERISA does not preempt California law allowing untimely claims against insurers. Levy, Stephanie Jul 1, 1999 464 Quality-of-care case sidesteps ERISA in New York. Porter, Rebecca Jun 1, 1999 545 Airline Deregulation Act does not preempt routine personal injury claims. Kirby, Jennifer M. Brief Article Mar 1, 1999 524 Preempting the preemption defense. Stevick, Douglas L. Jul 1, 1998 4658 Challenging insurance coverage denials under ERISA. Connette, Edward G. May 1, 1998 4178 Roundtable on products liability litigation. Panel Discussion Nov 1, 1997 4720 Does products bill collide with Tenth Amendment? White, Jeffrey Robert Nov 1, 1997 3753 ERISA preemption: denying employees' rights to benefits. Perez, Robert Armand May 1, 1997 3035 The unconstitutionality of state and local enactments in the United States restricting business ties with Burma (Myanmar). Schmahmann, David; Finch, James Mar 1, 1997 15020 Protecting medical malpractice claims against ERISA preemption. Way, Linda A. Mar 1, 1997 3623 State hoods. Scully, Matthew Jan 27, 1997 1389 High Court to rule on preemption in medical device case. White, Jeffrey Robert Jun 1, 1996 600 State statutes override admiralty rule in personal watercraft deaths. Dilworth, Donald C. Apr 1, 1996 692 Of fish, federal dams, and state protections: a state's options against the federal government for dam-related fish kills on the Columbia River. Craig, Robin Kundis Mar 22, 1996 19343 Preemption of medical device tort claims: developments. Massey, Jonathan S. Nov 1, 1995 3675