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State and Local Government Law Commons

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Brigham Young University Law School

Jurisdiction

Articles 1 - 7 of 7

Full-Text Articles in State and Local Government Law

Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore Jan 2023

Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore

BYU Law Review

No abstract provided.


A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone Sep 2020

A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone

BYU Law Review

No abstract provided.


The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix Sep 2020

The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix

BYU Law Review

In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …


The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith Aug 2020

The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith

BYU Law Review

No abstract provided.


Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card Nov 2010

Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card

BYU Law Review

No abstract provided.


"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller Mar 2008

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller

BYU Law Review

No abstract provided.


Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland Sep 2002

Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland

BYU Law Review

No abstract provided.