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Full-Text Articles in Law
Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton
Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Federal Jurisdiction Over Preemption Claims: A Post-Franchise Tax Board Analysis, Ronald J. Mann
Federal Jurisdiction Over Preemption Claims: A Post-Franchise Tax Board Analysis, Ronald J. Mann
Faculty Scholarship
As Congress uses the commerce power to regulate areas of the economy previously controlled by the states, federal statutes conflict with state law with increasing frequency. When such conflicts occur, federal law "preempts" the state law under the supremacy clause of the United States Constitution. Litigants who foresee a preemption issue often seek a declaratory judgment of preemption or nonpreemption in order to clarify their rights and duties. This Note addresses the scope of federal question jurisdiction over declaratory judgment actions in which preemption is the only federal question raised.