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Articles 1 - 16 of 16
Full-Text Articles in Law
Liability For Deadly Failure: Rejecting The Push For Prep Act Preemption And Restraining Prep Act Immunity For Senior Living Facilities And Nursing Homes, Mai R. Contino
Pepperdine Law Review
In the wake of COVID-19, there has been a surge of wrongful death cases filed by plaintiff families in state courts. These families allege that their loved one contracted and died from COVID-19 because the nursing home or senior living facility at which their loved one resided failed to take proper COVID-19 prevention measures. In response, defendant facilities have removed these actions to federal court, arguing that the PREP Act preempts plaintiffs’ state law claims and grants facilities immunity from liability for loss related to qualified actions taken during a public health emergency. This Comment rejects facilities’ push for preemption …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
Pepperdine Law Review
California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.
Nlra Preemption Of State Common Law Wrongful Discharge Claims: The Bhopal Brigade Goes Home , Joseph R. Weeks
Nlra Preemption Of State Common Law Wrongful Discharge Claims: The Bhopal Brigade Goes Home , Joseph R. Weeks
Pepperdine Law Review
No abstract provided.
Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch
Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch
Pepperdine Law Review
No abstract provided.
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
Pepperdine Law Review
No abstract provided.
Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger
Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger
Pepperdine Law Review
No abstract provided.
Preemption: The United States Arbitration Act, The Manifest Disregard Of The Law Test For Vacating An Arbitration Award, And State Courts, Paul Turner
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Journal of Business, Entrepreneurship & the Law
This article will explore the oft-overlooked area of police powers granted to local municipalities by the California Constitution through the lens of marijuana dispensaries. These dispensaries, and the obstacles they face, provide the perfect vantage point from which to survey the current status of zoning power in California. This article will consider the extent and limits of what is known as the “police powers” of local municipalities: the power of cities, towns and counties to regulate, restrict, and proscribe the way in which land can be utilized within its borders. If local municipalities are the creation of the state--indeed, an …
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Pepperdine Law Review
This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the three-mile band beyond the California …
Empowering States: A Rebuttal To Dr. Greve, Erwin Chemerinsky
Empowering States: A Rebuttal To Dr. Greve, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Congress's Power To Preempt The States, Stephen Gardbaum
Congress's Power To Preempt The States, Stephen Gardbaum
Pepperdine Law Review
In this Article, part of a symposium on federal preemption of state tort law, I build upon my earlier work on the nature of preemption to try and deepen the conceptual and constitutional foundations of the subject. I argue that this neglected dimension must be moved to center stage if preemption doctrine is to have a coherent and principled framework. In particular, the key issues are the nature, source, and limits of Congress's power to preempt the states. The result is that preemption should be understood as a discretionary power of Congress the source of which lies in the Necessary …
Reflections On Hines V. Davidowitz: The Future Of Obstacle Preemption, Kenneth W. Starr
Reflections On Hines V. Davidowitz: The Future Of Obstacle Preemption, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.