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Articles 1 - 11 of 11
Full-Text Articles in Law
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Constitutionality Of State And Local Laws Targeting Immigrants, Karla Mari Mckanders
The Constitutionality Of State And Local Laws Targeting Immigrants, Karla Mari Mckanders
University of Arkansas at Little Rock Law Review
No abstract provided.
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark
The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark
Journal Articles
Courts and scholars have vigorously debated the proper role of customary international law in American courts: To what extent should it be considered federal common law, state law, or general law? The debate has reached something of an impasse, in part because various positions rely on, but also are in tension with, historical practice and constitutional structure. This Article describes the role that the law of nations actually has played throughout American history. In keeping with the original constitutional design, federal courts for much of that history enforced certain rules respecting other nations' perfect rights (or close analogues) under the …
The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz
The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz
Other Publications
As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products we purchase are generally safe for their intended uses. We rely on manufacturers to design and produce safe products, and we assume that federal regulators are conscientious watchdogs of the marketplace. In most instances, our assumptions are valid and we safely go about our lives. But the regulatory system is now frayed to the point that dangerous products sometimes slip through the cracks. Vioxx, Firestone/ATX tires, and toxics-laden children’s toys have endangered and harmed millions. In these cases, society depends on the state courts as a venue …
Process-Based Preemption, Bradford R. Clark
Process-Based Preemption, Bradford R. Clark
GW Law Faculty Publications & Other Works
The question of preemption arises because the Constitution establishes a federal system with two governments (one federal and one state) that have overlapping power to regulate the same matters involving the same parties in the same territory. To succeed, such a system requires a means of deciding when federal law displaces state law. The Founders chose the Supremacy Clause (reinforced by Article III) to perform this function. Although seemingly one-sided, the Clause actually incorporates several important political and procedural safeguards designed to preserve the proper balance between the governance prerogatives of the federal government and the states. It does this …
The Federal Common Law Of Nations, Bradford R. Clark
The Federal Common Law Of Nations, Bradford R. Clark
GW Law Faculty Publications & Other Works
Courts and scholars have vigorously debated the proper role of customary international law in American courts: To what extent should it be considered federal common law, state law, or general law? The debate has reached something of an impasse, in part because various positions rely on, but also are in tension with, historical practice and constitutional structure. This Article describes the role that the law of nations actually has played throughout American history. In keeping with the original constitutional design, federal courts for much of that history enforced certain rules respecting other nations' "perfect rights" (or close analogues) under the …