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Articles 1 - 7 of 7
Full-Text Articles in Law
The Shifting Preemption Paradigm: Conceptual And Interpretive Issues, Karen A. Jordan
The Shifting Preemption Paradigm: Conceptual And Interpretive Issues, Karen A. Jordan
Vanderbilt Law Review
Recent decisions have signaled a subtle shift away from the Supreme Court's categorical approach to the issue of federal preemption of state law, and toward a preemption continuum in which the implied preemption theories may inform an express preemption analysis. Yet, the Court as a whole has avoided addressing the issues arising from the integration of the doctrines. In this Article, Professor Jordan explores some of these difficult issues. The conceptual issues concern when and how the implied theories should be used in an analysis involving an express preemption clause. She analyzes the Court's recent use of the implied theories …
Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles
Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles
William & Mary Law Review
No abstract provided.
Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser
Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser
Faculty Scholarship
This Article addresses the general principles of preemption, and describes the history, purpose and language of the Carmack Amendment. The Article then demonstrates that at the time the amendment was passed, Congress had no intention of preempting claims based on moving industry misconduct. Part II discusses the constitutional principles that govern application of the law of federal preemption and describes how application of preemption in Carmack Amendment cases has diverged from the overall application of preemption principles in other areas of congressional legislation. Finally, Part III argues that the courts have improperly granted the moving industry carte blanche to deceive …
The Constitutionality Of Federal Preemption Of State Taxation Of Internet Transactions, Charles P. Gray Jr.
The Constitutionality Of Federal Preemption Of State Taxation Of Internet Transactions, Charles P. Gray Jr.
Saint Louis University Public Law Review
No abstract provided.
Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino
Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino
Faculty Publications
The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant forum shift in class action securities fraud litigation, from federal to state court. This unintended by-product of the Act has reignited debate over our dual federal-state system of securities regulation and in turn has inspired a discussion as to whether Congress should now preempt state securities fraud causes of action. This article argues that preemption is an appropriate, but not the only, solution to these concerns. To support this argument, this article first traces the history of dual state-federal securities regulation within the context of …
The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard
The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard
Articles
It is often said that California sets the pace for changes in America's tastes. Trends established in California often find their way into the heartland, having a profound effect on our nation's cultural scene. Nouvelle cuisine, the dialect of the Valley Girl and rollerblading all have their genesis on the West Coast. The most recent trend to emerge from California, instead of catching on in the rest of the country, has been stopped dead in its tracks by a legislative rebuke from Washington, D.C. California's latest, albeit short-lived, contribution to the nation was a migration of securities fraud class actions …
The "Shared Risk" Of Potential Tort Liability Of Health Maintenance Organizations And The Defense Of Erisa Preemption, Vicki Lawrence Macdougall
The "Shared Risk" Of Potential Tort Liability Of Health Maintenance Organizations And The Defense Of Erisa Preemption, Vicki Lawrence Macdougall
Vicki Lawrence MacDougall
No abstract provided.