Search Results for: preemption

On Monday, the Supreme Court of the United States decided that the Atomic Energy Act (AEA) does not preempt Virginia Law from prohibiting the mining of Uranium. The Supreme Court, in a 6-to-3 plurality judgment, sided with the State of Virginia’s right to regulate the Uranium industry. “But both courts found missing from the AEA [...]

The US Supreme Court ruled Monday for Merck, Sharp & Dohme that federal preemption of drug warnings is a question for judges. Merck, Sharp & Dohme manufactures the drug Fosamax to treat and prevent osteoporosis in older women. The drug has had a Food and Drug Administration (FDA) label approved since 1995, but the label [...]

Targeted killing campaigns are still accelerating under the Trump administration, with fewer constraints and even less transparency. More precisely, it seems that the Obama-era Presidential Policy Guidance has been relaxed in two very meaningful ways: targets of “kill missions” are being expanded to include more Jihadist “Foot Soldiers” (rather than just identifiable terrorist leaders) and directed drone [...]

On April 16, 2019, Governor Jarod Polis signed into law SB19-181, a bill that reforms oil and gas regulation in Colorado in several important ways.  It’s a remarkable achievement for House Speaker KC Becker and other supporters who bent but did not break in the face of strong opposition from the oil and gas industry.  [...]

“I believe” is the one great word against metaphysical fear. Oswald Spengler, The Decline of the West At least one thing is clear. Those terrorists who carried out the Easter Sunday attacks on certain Sri Lankan churches and hotels would have resonated with Oswald Spengler’s urgent affirmation. “I believe” was plainly at the conceptual core of [...]

The US Court of Appeals for the Ninth Circuit on Thursday upheld a district judge’s ruling that California’s controversial “sanctuary state” law does not conflict with federal immigration law. The US government challenged three California state laws: AB 450, which requires employers to alert employees before federal immigration inspections; AB 103, which imposes inspection requirements on [...]

Contrary to conventional wisdom, both nuclear deterrence and associated forms of nuclear strategy, including preemption, can support the authoritative expectations of international law. The adequacy of international law in preventing a nuclear war in the Middle East will depend upon more than formal treaties, customs and “the general principles of law recognized by civilized nations.” [...]

Toledo, Ohio residents last month overwhelmingly voted in favor of the innovative Lake Erie Bill of Rights (LEBOR), an amendment to the city charter which declares Lake Erie has enforceable legal rights. What that vote signals may turn out to be more important to Lake Erie than the well-intentioned but legally flawed LEBOR itself. LEBOR [...]

The US Court of Appeals for the Eleventh Circuit held Wednesday that a policy of the Board of Regents for the University System of Georgia barring the enrollment of Deferred Action for Childhood Arrivals (DACA) recipients at Georgia’s most selective universities had a rational basis and was not superseded by federal law. Three DACA recipients, who would otherwise have [...]

A federal judge in Iowa held Wednesday that a 2012 Iowa law criminalizing undercover farm investigators was a violation of the First Amendment. In 2012 lawmakers amended Iowa Code 717A to include a provision making it a crime for investigators to go undercover at farms and slaughterhouses for data collection and investigative journalism purposes. The [...]