Topic
Preemption
1,722 published works
Sentencing Law and Policy
Oregon Supreme Court says federal law does not allow denial of local gun permits for state marijuana users
Main May 19, 2011Oregon Supreme Court says federal law does not allow denial of local gun permits for state marijuana usersAs detailed in this AP report, today the "Oregon Supreme…
Drug & Device Law
New Sharkey Preemption Article
By Bexis
Catherine Sharkey, one of the leading academic commentators on preemption in the administrative context, has released a new article on the subject, entitled "Inside Agency Preemption." The Sharkey article has…
TortsProf Blog
Two on Preemption
Cathy Sharkey (NYU) has posted to SSRN Inside Agency Preemption. The abstract provides:A subtle shift has taken place in the mechanics of preemption, the doctrine used to determine when federal…
Sixth Circuit Appellate Blog
Sixth Circuit Provides Guidance on Interpreting Collective Bargaining Agreements and Preemption Under The Labor Management Relations Act
The Sixth Circuit yesterday provided additional guidance in this Circuit for interpreting collective bargaining agreements and preemption questions under the Labor Management Relations Act (LMRA). The three-judge panel in CNH America LLC…
Drug & Device Law
How Is Generic Preemption Like Fraud On The FDA?
By Bexis
A couple of months ago, we provided our stream-of-consciousness impressions of the Mensing/Demahy generic preemption argument to the Supreme Court. As we mentioned then, we were all set to write…
Disability, Leave & Health Management Blog
Wisconsin Preempts Local Family and Medical Leave Laws, Voids Milwaukee Paid Sick Leave Ordinance
'preemption' 'local leave law' 'Milwaukee Paid Sick Leave Ordinance' 'paid sick leave'
Drug & Device Law
Federalism Revisited And Reinforced
By Bexis
To our readers: Sorry about that. Blogger was down for almost 24 hours yesterday and this morning. In almost five years, we've never experienced that during business hours. Anyway, that…
Land Use Prof Blog
Will Southern Arizona Become the 51st State?
In my on-going quest to post items that marry my interests in land use and immigration law, I present an NPR story that aired yesterday about efforts by a group…
California Employment Law Update
State Limitations On Arbitration Agreements Are Preempted By Federal Law
By Tony Oncidi
AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011) In this landmark new opinion, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) prohibits states from conditioning…
Civil Procedure & Federal Courts Blog
SCOTUS Decision in AT&T Mobility v. Concepcion
By Civil Procedure & Federal Courts Blog
The Supreme Court issued its decision in AT&T Mobility LLC v. Concepcion today. The Court divided 5-4, with Justice Scalia writing the majority opinion (joined by Chief Justice Roberts and Justices…