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Federal Preemption

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Full-Text Articles in Law

Free Speech In The Internet Era: Reviewing Policies Seeking To Modify Section 230 Of The Communications Decency Act Of 1996, Jacob Cordeiro May 2021

Free Speech In The Internet Era: Reviewing Policies Seeking To Modify Section 230 Of The Communications Decency Act Of 1996, Jacob Cordeiro

Senior Honors Projects

Section 230 of the Communications Decency Act (CDA), has for over two decades provided “interactive computer services” a legal liability shield for defamatory or otherwise actionable user-generated content posted on their platforms and, for lawsuits stemming over unequal enforcement of their content policies provided enforcement efforts are taken in “good faith.” This law, passed in the early days of the Internet, incubated the Internet and social media, giving it the regulatory freedom it needed to grow into a platform where hundreds of millions of Americans can exchange ideas and engage in political and social discourse. Yet, for all the good ...


Arbitration And The Federal Balance, Alyssa King Oct 2019

Arbitration And The Federal Balance, Alyssa King

Indiana Law Journal

Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that ...


Summary Of Morrison V. Health Plan Of Nev., 130 Nev. Adv. Op. 55, Sean Daly Jul 2014

Summary Of Morrison V. Health Plan Of Nev., 130 Nev. Adv. Op. 55, Sean Daly

Nevada Supreme Court Summaries

The Court determined whether a Medicare beneficiary's state common law negligence claim against his private health insurance company, through which he is receiving his Medicare benefits, is preempted by the federal Medicare Act.


Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen Jul 2008

Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen

Marquette Intellectual Property Law Review

In the early 1970s it was thought that states could regulate in the areas of trade secrets without interfering with federal patent policies. However, this concept was called into question in the Sixth Circuit's ruling in Kewanee Oil Co. v. Bicron. In 1974 the Supreme Court ruled that Ohio's trade secret law was not preempted by federal patent law. This article revisits the issues raised in Kewanee in light of the Supreme Court's current preemption jurisprudence, changes in patent law, copyright law, and trade secret law since that time. First, the article reviews the history and context ...


Local Laws Restricting The Freedom Of Undocumented Immigrants As Violations Of Equal Protection And Principles Of Federal Preemption, L. Darnell Weeden Jan 2008

Local Laws Restricting The Freedom Of Undocumented Immigrants As Violations Of Equal Protection And Principles Of Federal Preemption, L. Darnell Weeden

Saint Louis University Law Journal

No abstract provided.


Enforcing Foreign Judgments: In Search Of A Treaty To Locate Assets Abroad, Luke J. Umstetter Jan 2007

Enforcing Foreign Judgments: In Search Of A Treaty To Locate Assets Abroad, Luke J. Umstetter

South Carolina Journal of International Law and Business

No abstract provided.


Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett Dec 2003

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a ...


Federal Preemption Of State Tort Claims, Marin Roger Scordato Jan 2001

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles and Other Contributions

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for ...


Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith Mar 1999

Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith

Federal Communications Law Journal

With the passage of the Telecommunications Act of 1996, Congress revamped federal universal service policy by requiring that universal service support be explicit. The Act also provides that states can supplement federal universal service support with state universal service support. However, under section 254(f) of the Act, state programs must not be "inconsistent with" the FCC’s rules for implementing the Federal Plan. Section 254(f) provides for express preemption of state universal service plans but uses FCC rules as a measure for determining when preemption is required. As a result, the case law governing express preemption by Congress ...


The Federal Boat Safety Act Of 1971 And Propeller Strike Injuries: An Unexpected Exercise In Federal Preemption, Amy P. Chiang Jan 1999

The Federal Boat Safety Act Of 1971 And Propeller Strike Injuries: An Unexpected Exercise In Federal Preemption, Amy P. Chiang

Fordham Law Review

No abstract provided.


Punitive Damages In Arbitration: Contracting Out Of Government's Role In Punishment And Federal Preemption Of State Law, Stephen J. Ware Jan 1994

Punitive Damages In Arbitration: Contracting Out Of Government's Role In Punishment And Federal Preemption Of State Law, Stephen J. Ware

Fordham Law Review

No abstract provided.


State Management Of Marine Fisheries After The Fishery Conservation And Management Act Of 1976 And Douglas V. Seacoast Products, Inc., Thomas J. Schoenbaum, Patricia E. Mcdonald Oct 1977

State Management Of Marine Fisheries After The Fishery Conservation And Management Act Of 1976 And Douglas V. Seacoast Products, Inc., Thomas J. Schoenbaum, Patricia E. Mcdonald

William & Mary Law Review

No abstract provided.