Topic

Preemption

1,722 published works

Supreme Court Update June 24, 2011
Sorrell v. IMS Health Inc. (10-799), Pliva, Inc. v. Mensing (09-993) and Talk America, Inc. v. Michigan Bell Telephone Co. (10-313)
By Kim Rinehart
Greetings, Court fans! We're back with Sorrell v. IMS Health Inc. (No. 10-799), a win for brand name drug makers on their First Amendment right to access pharmacies' prescription records…
Drug & Device Law June 23, 2011
Two More From The Supreme Court
By Bexis
Generic Manufacturers Win Preemption In Mensing The Court decided 5-4 in favor of generic preemption today in Pliva, Inc. v. Mensing, No. 09–993, slip op. (U.S. June 23, 2011). We’d…
ImmigrationProf Blog June 21, 2011
A PRELIMINARY LOOK AT SOME OF THE CONSTITUTIONAL AND PRACTICAL PROBLEMS WITH ALABAMA’S NEW IMMIGRATION LAW By David A. Isaacson
By immigrationprof
As ImmigrationProf has previously reported, the recently-enacted Alabama immigration law reads like a restrictionist "wish list." A PRELIMINARY LOOK AT SOME OF THE CONSTITUTIONAL AND PRACTICAL PROBLEMS WITH ALABAMA’S NEW IMMIGRATION…
ImmigrationProf Blog June 18, 2011
Notes from Arizona: Who’s Holding the Keys? Preemption Issues and Immigration Policy: The Courts, the States and the United States
By immigrationprof
On Thursday, I participated in a panel discussion with Professor Jack Chin (Arizona) on preemption and immigration policy at the State Bar of Arizona Annual Convention, which this year was…
Civil Procedure & Federal Courts Blog June 14, 2011
Perry on Differential Preemption
By Civil Procedure & Federal Courts Blog
Professor Ronen Perry (University of Haifa) has posted on SSRN a draft of his article, Differential Preemption, which is forthcoming in the Ohio State Law Journal. Here’s the abstract:Preemption is…
Drug & Device Law June 13, 2011
Some Good News On SSRI Preemption
By Bexis
Finally, a judge with some common sense.... We've always thought (and the FDA did too) that the adult suicide/SSRI warning claims were the strongest possible claims for implied preemption in…
Civil Procedure & Federal Courts Blog June 7, 2011
SCOTUS Cert Grant of Interest on Preemption: Kurns v. Railroad Friction Products
By Civil Procedure & Federal Courts Blog
Yesterday the Supreme Court granted certiorari in Kurns v. Railroad Friction Products Corp. (No. 10-879), which presents the question: Did Congress intend the Federal Railroad Safety Acts to preempt state…
ImmigrationProf Blog June 2, 2011
Did Arizona Really Win at the Supreme Court?
By immigrationprof
My reactions to the Supreme Court's decision in U.S. Chamber of Commerce v. Whiting (May 26, 2011): Last week, the Supreme Court upheld Arizona's "Legal Workers Arizona Act" (LAWA) enabling the state to…
Sentencing Law and Policy May 28, 2011
Pennsylvania Supreme Court declares local sex offender residency restrictions preempted by state law
By Douglas Berman
Main May 28, 2011Pennsylvania Supreme Court declares local sex offender residency restrictions preempted by state lawAs reported in this Philadelphia Inquirer article, which is headlined "Pa. high court strikes down…
The Faculty Lounge May 26, 2011
Arizona Law Penalizing Hiring of Illegal Aliens Upheld
The Supreme Court today upheld an Arizona law that revoked the business licenses of businesses that knowingly hire a person unlawfully present in the United States. The same law also…