Topic
Preemption
1,722 published works
ImmigrationProf Blog
Arizona v. US Recap: Justices Skeptical of Aspects of SB 1070, Supportive of “Papers, Please” Provision
Arizona v. US Recap: Justices Skeptical of Aspects of SB 1070, Supportive of “Papers, Please” Provision by Elizabeth B. Wydra, Chief Counsel, Constitutional Accountability CenterThe headlines coming out of last…
Employment Law Worldview
Keeping U.S. Immigration Law Federal: “You Can See It’s Not Selling Very Well
So were the words of Supreme Court Justice Sotomayor to the Solicitor General Donald Verrilli during last week’s oral argument in Arizona v. United States, as she challenged the government’s…
Constitutional Law Prof Blog
Oral Argument in Arizona v. United States
By ConLawProf initials at end of post
The oral argument today in the closely watched Arizona v. United States, involving the constitutionality of several provisions of Arizona's notorious SB 1070 that the DOJ argues are pre-empted by federal…
Drug & Device Law
A 100% Naturally Bad Preemption Decision
Sometimes a decision bounces around a bit before it lands on our plates. But when we finally spot it and read it, we realize it might be worth a…
Drug & Device Law
If At First You Don’t Succeed….
By Bexis
Sometimes good ideas don’t prevail the first time – or even the first few times – they make their appearance. With that in mind we bring to your attention Windle…
ImmigrationProf Blog
Immigration Article of the Day: Immigrant Laws, Obstacle Preemption and the Lost Legacy of McCulloch by Lauren Gilbert
In light of the fact that the Supreme Court is hearing oral arguments in Arizona v. United States later this week, the following article on federal preemption of state immigration…
Constitutional Law Prof Blog
Ninth Circuit: Failure to Warn Claim Against Med Device Maker Preempted
By ConLawProf initials at end of post
A sharply divided three-judge panel of the Ninth Circuit ruled earlier this week in Stengel v. Medtronic, Inc. that the plaintiffs' state law failure-to-warn claim based on Medtronic's failure to…
Drug & Device Law
Trying to Sanction Away Preemption (and Failing)
We always try to keep things lively around here. Law can sometimes be drudgery. But we don’t ever want that type of atmosphere to seep into this blog. That’s one…
TortsProf Blog
9th Circuit Preemption Case of Interest
On Monday, the Ninth Circuit issued its decision in Stengel v. Medtronic, Inc., No. 10-17755, slip op. [pdf]. The case involved a Medtronic pain-pump that the plaintiff alleged caused his…
Drug & Device Law
Excellent New Pain Pump Preemption Decision – The Details
We were so enthused by this new decision, we gave you the link to it yesterday. Stengel v. Medtronic, Inc., No. 10-17755, slip op. (9th Cir. April 16, 2012). …