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The Problem Of Purely Procedural Preemption Presented By The Federal Hear Act, William L. Charron
The Problem Of Purely Procedural Preemption Presented By The Federal Hear Act, William L. Charron
Pepperdine Law Review
The underlying purpose of the Holocaust Expropriated Art Recovery Act of 2016 (the HEAR Act), which is to return Nazi-looted artwork to victims or their families, is undeniably laudable. Restituting Nazi-looted artwork is and has been a moral objective of this country since the conclusion of World War II. It is equally clear that victims and their families can often face obstacles to gathering evidence from the war that would demonstrate Nazi theft in court. The HEAR Act strives to address these concerns by imposing a federal statute of limitations over all state law causes of action that would enable …
Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly
Bates V. Dow Agrosciences: Overcoming Federal Preemption And Giving The People A Voice , Kim Ly
Journal of the National Association of Administrative Law Judiciary
This note explores the U.S. Supreme Court's ruling in Bates v. Dow Agrosciences LLC. Part II discusses the historical background and procedural history of the case. Part III lays out the facts of the Bates case. Part IV analyzes the majority opinion given by Justice Stevens and Justice Breyer's concurring opinion, and the opinion of Justice Thomas, concurring in part and dissenting in part. Part V considers Bates's judicial, legislative and administrative impact. Part VI concludes the discussion of the Bates decision.