Laws, regulations and rules subtopic
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Articles
1-113 out of 113 article(s)
| Title |
Author |
Type |
Date |
Words |
| Preemption as inverse negligence per se. |
Moreland, Michael P. |
|
Feb 1, 2013 |
17187 |
| Antibiotic maximalism: legislative assaults on the evidence-based treatment of Lyme disease. |
Franklin, Joseph B. |
|
Dec 1, 2012 |
17533 |
| Generic drug manufacturer liability: achieving a balance between consumer affordability and safety. |
James, Sarah S. |
|
Sep 22, 2012 |
9104 |
| New York intellectual property law review. |
Miranda, David P. |
|
Dec 22, 2011 |
12679 |
| Putting a price on dirt: the need for better-defined limits on government fees for use of the public right-of-way under section 253 of the Telecommunications Act of 1996. |
Snyder, Thomas W.; Fitzsimmons, William |
|
Dec 1, 2011 |
17898 |
| In defense of the substance-procedure dichotomy. |
Hendricks, Jennifer S. |
|
Dec 1, 2011 |
24640 |
| Missouri's health care battle and differential judicial review of popular lawmaking. |
Frisardi, Raquel |
|
Dec 1, 2011 |
17299 |
| "Preserving" Civil RICO: how the model Unfair Trade Practices Act affects RICO's private right of action under the McCarran-Ferguson Act. |
Snyder, G. Ryan |
|
Aug 1, 2011 |
24807 |
| Shedding light on Shady Grove: further reflections on the Erie doctrine from a conflicts perspective. |
Bauer, Joseph P. |
|
Jul 1, 2011 |
23636 |
| Our class action federalism: Erie and the Rules Enabling Act after Shady Grove. |
Steinman, Adam N. |
|
Jul 1, 2011 |
23994 |
| Can preemption protect public participation? |
Babich, Adam |
|
Jun 22, 2011 |
25573 |
| The Dodd-Frank Act's expansion of state authority to protect consumers of financial services. |
Wilmarth, Arthur E., Jr. |
|
Jun 22, 2011 |
35945 |
| Shady Grove: duck-rabbits, clear statements, and federalism. |
Hershkoff, Helen |
|
Jun 22, 2011 |
10306 |
| From Bilski back to Benson: preemption, inventing around, and the case of genetic diagnostics. |
Dreyfuss, Rochelle Cooper; Evans, James P. |
|
Jun 1, 2011 |
13498 |
| FDA preemption of drug and device labeling: who should decide what goes on a drug label? |
Valoir, Tamsen; Ghosh, Shubha |
|
Mar 22, 2011 |
19955 |
| Securities regulation in the shadow of the antitrust laws: the case for a broad implied immunity doctrine. |
Kling, Jacob A. |
|
Jan 1, 2011 |
18916 |
| Indefinite detention of immigrant information: federal and state overreaching in the interpretation of 8 C.F.R. (section) 236.6. |
Martinez, Grant |
|
Dec 1, 2010 |
4462 |
| Forgive me, founding fathers for I have sinned: a reconciliation of foreign affairs preemption after Medellin v. Texas. |
Pytynia, Carolyn A. |
|
Nov 1, 2010 |
13431 |
| Confidentiality and consent: why promising parental nondisclosure to minors in the military health system can be a risky proposition. |
Kels, Charles G. |
|
Aug 1, 2010 |
6869 |
| Presidents, preemption, and the states. |
Gilman, Michele E. |
|
Jun 22, 2010 |
18668 |
| Dirty dishes, dirty laundry, and windy mills: a framework for regulation of clean energy devices. |
Reed-Huff, Lavonda N. |
|
Jun 22, 2010 |
29138 |
| Chevron's sliding scale in Wyeth v. Levine. |
Dickinson, Gregory M. |
|
Jun 22, 2010 |
5346 |
| "Sanctuary cities" and local citizenship. |
Villazor, Rose Cuison |
|
Apr 1, 2010 |
10868 |
| Executive activism not reciprocated with judicial activism: Wyeth v. Levine and Cuomo v. Clearing House return preemption to the legislative branch. |
Coveny, Anthony C.; Sanford, Shelly A. |
|
Mar 22, 2010 |
25863 |
| Null preemption. |
Nash, Jonathan Remy |
|
Mar 1, 2010 |
29581 |
| The state of ERISA after 35 years: complex, yet arguably simplistic, which federal statute may be unraveled with a touch of supreme common sense. |
Muniz, H. Michael |
|
Jan 1, 2010 |
14246 |
| Stealth preemption: the IRS's nonprofit corporate governance initiative. |
Fishman, James J. |
|
Jan 1, 2010 |
22305 |
| The consequences of unlawful preemption and the legal duty to protect the human rights of its victims. |
van Aggelen, Johannes |
|
Dec 22, 2009 |
31339 |
| Climate change action in Connecticut: linking energy, the environment and the economy. |
Farrell, Paul E. |
|
Dec 22, 2009 |
4517 |
| The essential role of state enforcement in the brave new world of greenhouse gas emission limits. |
Bogoshian, Matt; Alex, Ken |
|
Dec 22, 2009 |
5564 |
| Four problems facing meaningful state health care reform and coverage in the United States. |
Akiwumi-Assani, Arlene |
|
Dec 22, 2009 |
13808 |
| Preemption and removal: Watson shuts the federal officer backdoor to the federal courthouse, conceals familiar motive. |
Klenov, Michael E. |
|
Oct 1, 2009 |
18950 |
| The Trojan horse of electric power transmission line siting authority. |
Rossi, Jim |
|
Sep 22, 2009 |
17461 |
| The mature product preemption doctrine: the unitary standard and the paradox of consumer protection. |
Eggen, Jean Macchiaroli |
|
Sep 22, 2009 |
27071 |
| Strange bedfellows: the politics of preemption. |
Mullenix, Linda S. |
|
Jun 22, 2009 |
21538 |
| Deconstructing Wyeth v. Levine: the new limits on implied conflict preemption. |
Vladeck, David C. |
|
Jun 22, 2009 |
15460 |
| Access to courts and preemption of state remedies in collective action perspective. |
Levy, Richard E.; Glicksman, Robert L. |
|
Jun 22, 2009 |
16968 |
| Standing still in the Roberts Court. |
Adler, Jonathan H. |
|
Jun 22, 2009 |
12122 |
| Sanders v. Brown: state-action immunity and judicial protection of the Master Settlement Agreement. |
Bauer, Robert W. |
|
Jun 22, 2009 |
10786 |
| The effectiveness of home rule: a preemption and conflict analysis. |
Wolf, James R.; Bolinder, Sarah Harley |
|
Jun 1, 2009 |
5414 |
| Federalization in information privacy law. |
Bellia, Patricia L. |
|
Mar 1, 2009 |
14563 |
| Preemption and privacy. |
Schwartz, Paul M. |
|
Mar 1, 2009 |
19125 |
| The Illinois Whistleblower Act's impact on common law claims; this article looks at the various ways Illinois state and federal courts have interpreted the Illinois Whistleblower Act, including whether it preempts common law claims. The authors also offer practical advice to employers for avoiding retaliation claims. |
Lee, Sang-Yul; Pearlman, Steven J.; Grey, Jonathan J.C. |
|
Feb 1, 2009 |
2541 |
| Teen Paxil-related suicide case is not preempted, judge says. |
Heylman, Susan |
|
Nov 1, 2008 |
895 |
| 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 |
| Sec. 6015 does not preempt state community property law for refund purposes. |
Beavers, James |
|
Oct 1, 2008 |
1106 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| The future of spam litigation after Omega World Travel v. Mummagraphics. |
Wong, Katherine |
|
Mar 22, 2007 |
9369 |
| State law tort claims - a new weapon in employment discrimination cases? When employees file discrimination claims, they have often been pre-empted from bringing state law tort claims. A recent seventh circuit case, Naeem v McKesson Drug Co, suggests that courts may be headed in a new direction. |
Hollander, Eugene K. |
|
Mar 1, 2007 |
2857 |
| 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 |
| 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 |
| Judge rejects preemption in heart device case. |
Sileo, Carmel |
|
Feb 1, 2007 |
766 |
| 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 |
| The 10,000 pound gorilla: federal preemption in class III medical device cases. |
DeVaney, Donna B.; Hamilton, Patrick A. |
|
Oct 1, 2006 |
4977 |
| Antitrust and the supremacy clause. |
Squire, Richard |
|
Oct 1, 2006 |
27769 |
| 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 |
| State legislators speak out against federal preemption. |
|
|
Aug 29, 2005 |
553 |
| 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 |
| International law and the use of force. |
Taft, William Howard, IV |
|
Mar 22, 2005 |
1651 |
| 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 |
| Supremacy clause immunity: deriving a willfulness standard from sovereign immunity. |
Wallace, James |
|
Sep 22, 2004 |
17143 |
| The preemption danger. |
Casey, David S., Jr. |
President's Page |
May 1, 2004 |
776 |
| Supreme Court wades into ERISA's 'Serbonian bog' again. |
Hellwege, Jean |
|
Jan 1, 2004 |
1818 |
| Say cheese: the constitutionality of state-mandated free airtime on public broadcasting stations in Wisconsin. |
Cotlar, Andrew D. |
|
Dec 1, 2003 |
12800 |
| Is federal preemption efficient in cellular phone regulation? |
Hazlett, Thomas W. |
|
Dec 1, 2003 |
27909 |
| 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 |
| 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 |
| 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 |
| 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 |
| Statues of repose: laws that come back to haunt. |
Loiacono, Kristin |
|
Feb 1, 2000 |
877 |
| 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 |
| Federal preemption of state universal service regulations under the Telecommunications Act of 1996. |
Trinchero, Mark P.; Smith, Holly Rachel |
|
Mar 1, 1999 |
18615 |
| Comprehensive handgun licensing & registration: an analysis & critique of Brady II, gun control's next (and last?) step. |
Jacobs, James B.; Potter, Kimberly A. |
|
Sep 22, 1998 |
11783 |
| 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 |
| Cities decry intrusive police labor measure. |
Shafroth, Frank |
|
Jul 22, 1996 |
1164 |
| High Court to rule on preemption in medical device case. |
White, Jeffrey Robert |
|
Jun 1, 1996 |
600 |
| Escaping implied preemption. |
Ollanik, Stuart A. |
|
Nov 1, 1994 |
3973 |
| Federal preemption of medical device tort claims; not what Congress (or the doctor) ordered. |
Massey, Jonathan S. |
|
Jun 1, 1994 |
2656 |
| Broken promises, lost benefits: holding employers to their word. |
Sargeant, Georgia |
|
Apr 1, 1994 |
3549 |
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