Administrative Law › Constitutional Law › Conflict of Laws

Marijuana Officially Legal but States Await Feds’ Reaction

Marijuana stores in Colorado and Washington won’t be open for at least a year, but new laws legalizing the drug Marijuana pipe on its sidetook full effect in both states this month. Washington’s Initiative 502 kicked in on...more

Hall v. Sebelius

Brief of the CATO Institute as Amicus Curiae in Support of Petitioners

When Brian Hall, former House Majority Leader Dick Armey, and other over-65 retirees requested to opt out of Medicare's hospital insurance coverage (because they preferred their existing private coverage), the Social Security...more

District Court Rules District Must Fund Student’s Stay-Put Placement through Appeal to Circuit Court, Though District’s IEP...

When a dispute arises between parents and a district concerning the special education identification, evaluation, placement, or free appropriate public education (FAPE) of a student, the IDEA provides that the student will...more

Federal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title

The United States condemned tide and submerged lands leased by the Port of San Diego to the U.S. Navy. The Port held the lands under a trust grant from the State of California, and therefore defending the state’s sovereign...more

California Legislature Calls Supreme Court Decision “A Serious And Direct Threat To Our Democracy”

The California legislature recently passed a joint resolution, AJR 22 (Wieckowski & Allen), that is harshly critical of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, 558 U.S. 50 (2010). ...more

The Supreme Court’s Immigration Decision May Give Clues On The Upcoming Decision On The Affordable Care Act’s Individual Mandate

Casey Stengel once advised that it is best not to make predictions, particularly about the future. So we will step into ill-advised territory with caution. Nevertheless, the Supreme Court’s decision in Arizona v. United...more

Supreme Court Arizona Decision: Better than Expected but Federal Action Still Needed

While both sides claim victory, the reality of yesterday's Supreme Court ruling is this: Immigration is a federal issue, but states can cooperate with the feds in law enforcement so long as they do not violate peoples' rights...more

Court Affirms Injunction Against NJ Unclaimed Property Law

In 2010, New Jersey’s unclaimed property statute was amended to provide for the custodial escheat of stored value cards (“SVCs”).  The New Jersey Retail Merchants Association, the New Jersey Food...more

U.S. Court of Appeals Holds New Jersey’s Retroactive Escheatment of Gift Card Abandoned Funds Unconstitutional and its Priority...

On January 5, 2012, the U.S. Court of Appeals for the Third Circuit found that New Jersey’s recently enacted unclaimed property laws requiring retroactive escheatment of abandoned amounts from stored value cards (SVC or gift...more

Federal Pre-Emption Under The Food, Drug & Cosmetic Act From Medtronic, Inc. V. Lohr; Pliva, Inc. V. Mensing

INTRODUCTION Beginning in 1996, the United States Supreme Court took a series of cases related to Federal preemption of state law claims for products approved by the United States Food and Drug Administration (''FDA'')....more

U.S. Supreme Court Holds That State-Law-Based Failure-to-Warn Claims Are Federally Preempted Against Generic Drug Manufacturers

On June 23, 2011, the U.S. Supreme Court issued a decision in Pliva, Inc. v. Mensing,1 holding that state-law claims against generic drug manufacturers are federally preempted pursuant to the Supremacy Clause of the U.S....more

NLRB Sues Arizona Over Secret Ballot Legislation

The NLRB made good on its January 13, 2011.pdf threat to sue individual states that enact legislation that it believes are solely within its province. In a complaint filed against the State of Arizona.pdf today, the NLRB...more

LOS PRINCIPIOS JURÍDICOS COMO NORMAS DE SOLUCIÓN DE CONFLICTOS

Los prinicipios generales del Derecho constituyen normas eficaces para su aplicación directa en la solución de conflictos ante la ausencia o antinomia de normas positivas....more

Função Ambiental - Antonio Herman Benjamin

1. Introdução: O ambientalismo como fenômeno universal - 2. A evolução da preocupação ambiental e o despertar do Direito - 3. Direito Administrativo e Direito Ambiental: Exportação e importação à origem da noção de função...more

Health Alert: Key Portion of Health Reform Bill Struck Down by Virginia Federal Judge

The "Commerce Clause," Article I, Section 8, Clause 3 of the United States Constitution, provides that: "[Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian...more

U.F.C.W. Local No. 401 v. Old Dutch Foods Ltd.

Ryan Venables - Case Comment: UFCW Local 401 v. Old Dutch Foods

Case comment on the boards decision where I both disagree and agree with the decision....more

Improbidade administrativa e a atuação do Ministério Público

A Constituição Federal vigente, estruturando as bases do Estado Democrático de Direito, constitucionalizou os princípios fundamentais da Administração Pública brasileira, ao...more

Parques urbanos: a natureza na cidade - uma análise da percepção dos atores urbanos

Parques urbanos têm sido criados em todo o mundo desde o século XVIII, com objetivos de amenizar os problemas sociais e ambientais citadinos gerados pelo crescimento urbano desordenado. Esses espaços...more

Memorandum: Interstate Compact for Supervision of Adult Offenders

Review of the 1999 Model Interstate Compact for Adult Offender Supervision as proposed and circulated by the National Institute of Corrections for adoption by the states; including the nature of interstate compacts and their...more