December 3, 2013
by Jaclyn Belczyk
The US Supreme Court heard oral arguments Tuesday in two cases. In Northwest, Inc. v. Ginsberg the court must decide on the scope of preemption under the Airline Deregulation Act of 1978 (ADA). Section 41713(b) provides that states "may not enact or enforce a law, regulation or other provision ...[read more]
July 24, 2013
by Kimberly Bennett
The US Court of Appeals for the Fourth Circuit on Tuesday affirmed a lower court's decision to block components of South Carolina's immigration law. Relying on the Supremacy Clause, the court ruled that the plaintiffs have an implied right of action to seek injunctive relief from the act on ...[read more]
July 20, 2013
by Zachariah Rivenbark
Prior to the passage of SB 1070, Arizona was the subject of an entirely different legal challenge involving illegal immigration, namely the legitimacy of the Legal Arizona Workers Act (LAWA). The law took effect in January 2008 and imposed sanctions on employers that utilized undocumented ...[read more]
May 3, 2013
by Jaclyn Belczyk
US Attorney General Eric Holder has warned Kansas that a recently enacted law intended to block enforcement of federal gun regulations is unconstitutional, according to a letter released Thursday. According to Holder, SB 102, also known as the "Second Amendment Protection Act," "directly ...[read more]
September 2, 2012
by Elizabeth Imbarlina
JURIST Guest Columnist Matthew Cavedon, Emory University School of Law Class of 2015, compares the Department of Health and Human Services's contraception mandate to the Food and Drug Administration's attempt to regulate tobacco...As 24 lawsuits filed against the Department of Health and Human ...[read more]
November 10, 2011
by John Paul Putney
The US Supreme Court heard oral arguments Wednesday in two cases on preemption. In National Meat Association v. Harris, the court considered where the federal regime of slaughterhouse regulation as established by the Federal Meat Inspection Act ("FMIA"), as amended by the Wholesome Meat Act of ...[read more]
November 4, 2011
by Cody Harding
On November 4, 2010, Missouri Attorney General Chris Koster and 12 other state attorneys general filed an amici curiae brief before the US Supreme Court, supporting Arizona's Legal Arizona Workers Act (LAWA). The law imposes sanctions on employers that hire illegal immigrants. The case, Chamber of ...[read more]
July 12, 2011
by Megan McKee
Joseph Schaeffer, University of Pittsburgh School of Law Class of 2012, is spending the summer working for a firm specializing in energy law. He writes on Marcellus exploration and the regulation of hydraulic fracturing, specifically considering the implications of Pittsburgh's decision to ban the ...[read more]
November 4, 2010
by Brandy Ringer
Jon Feere: "States regularly assist the federal government in making sure federal laws and regulations in a whole host of areas are followed. The feds generally welcome the support. But when it comes to immigration, the Obama administration has signaled opposition to states that wish to provide ...[read more]
June 30, 2009
by Ingrid Burke
California State Motor Vehicle Pollution Control Standards; Notice of Decision Granting a Waiver of Clean Air Act Preemption for California's 2009 and Subsequent Model Year Greenhouse Gas Emission Standards for New Motor Vehicles, Environmental Protection Agency, June 30, 2009. Reported ...[read more]

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