Conflict of Laws Elections & Politics

Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Fracking Heats Up in California: Moratoria and Earthquakes

The last several weeks have seen some interesting developments suggesting an increase in temperature in the debate over hydraulic fracturing, or “fracking,” in California. First, a couple of jurisdictions took actions...more

Law Prof: The Clean Air Act Needs a Reboot  [Video]

Feb. 24, 2014 -- Professor David Schoenbrod talks about some of the inadequacies of The Clean Air Act along with potential solutions to the problem....more

Ninth Circuit: City Requirement That Cell-Tower Company Obtain Voter Approval Upheld

When T-Mobile sought to place a cell-tower in a park owned by the City of Huntington Beach, California, the City granted the company all the regulatory approvals it required. But the City also informed T-Mobile that before...more

Seventh Circuit Holds TCPA Does Not Preempt State Law Banning Robocalls

On November 21, the U.S. Court of Appeals for the Seventh Circuit held that the federal Telephone Consumer Protection Act (TCPA) does not preempt an Indiana statute that bans most robocalls without exempting calls that are...more

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the...more

A Summary of the Protecting States’ Rights to Promote American Energy Security Act (H.R. 2728)

On November 20, 2013, the House passed Protecting States’ Rights to Promote American Energy Security Act (H.R. 2728), giving state law primacy over federal regulation of hydraulic fracturing. The key provisions of the bill...more

House of Representatives to Consider Legislation Relating to Hydraulic Fracturing

The House of Representatives plans to consider two bills relating to hydraulic fracturing next week. The first of the two, H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, was introduced by...more

New York Bankers File Suit To Block Local Responsible Banking Law

On October 11, the New York Bankers Association filed a complaint in the U.S. District Court for the Southern District of New York to block a local ordinance that requires banks doing business with the city to report certain...more

The Atomic Energy Act Preempts Vermont’s Efforts To Close Vermont Yankee: Sometimes, Legislative Intent Is Just Too Clear To...

Last week, in Entergy v. Shumlin, the 2nd Circuit Court of Appeals largely struck down Vermont’s efforts to close Vermont Yankee. Although three separate Vermont statutes were at issue, and Entergy made both preemption and...more

State Law Preemption of Local Land Use Regulations and the Supreme Court's Recent Decision Upholding Citywide Ban on Medical...

The recent spate of court cases dealing with local regulation of medical marijuana dispensaries ("MMDs") offers an interesting illustration of the interplay between federal, state and local laws that regulate the same subject...more

N.J. Files Brief Supporting Sports Betting Law in Key Gambling Litigation

The state of New Jersey filed its opening brief on April 29 in the U.S. Court of Appeals for the 3rd Circuit, in a case that could ultimately decide the fate of sports betting in the United States....more

U.S. Government Remains Firm on “Deferred Action” Despite Suit to Shut It Down

On Monday of this week, U.S. District Court Judge Reed O’Connor held a hearing on a Complaint filed by U.S. Customs and Immigration Enforcement (“ICE”) agents who are challenging the federal “deferred action” program...more

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

A cooperative corporation that operates a nonprofit medical marijuana collective challenged city ordinances that ban medical marijuana dispensaries. The court of appeal held that the ordinances are not preempted by the...more

Youngstown City Hydraulic Fracturing Ban Approved for May Ballot

In late February, we covered the state and federal legislative and enforcement responses to the release of hydraulic fracturing waste into a Youngstown, Ohio area tributary by a local oil and gas drilling operator. Shortly...more

Lead Agency Could Not Bypass CEQA Review By Adopting A Voter-Sponsored Initiative As An Ordinance Instead Of Placing The...

A court of appeal created a split of authority when it ruled that California Environmental Quality Act (“CEQA”) review was necessary when a city approved a project, by adopting as an ordinance, an initiative petition that...more

Weekly Brief: Google Antitrust Suit?; Legal Weed; Law Firm Mega-Merger Mania [Video]

Nov. 15 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the week's most important legal news. Big changes may be in store for Google. The tech giant was given an ultimatum by FTC Chairman Jonathan Leibowitz to...more

Impossible and Useless CEQA Review Is Required If City Opts Under Elections Code to Adopt Legislative Project Approvals Proposed...

In a case notable for its unique conception of “meaningful discretion” for purposes of triggering CEQA review, the Fifth District Court of Appeal has created a split in authority that will undoubtedly require Supreme Court...more

California Assembly Votes to Amend State False Claims Act

On August 16, 2012, the California Assembly passed a bill (AB 2492) amending California’s False Claims Act, Cal. Gov’t Code §§ 12650-12656 (“CA FCA”), which must be signed into law by Governor Jerry Brown. The amendments...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

Kansas Supreme Court Declares "Rule of Reason" Inapplicable to Kansas Antitrust Law; Legislature May Have a Different Idea

In Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the U.S. Supreme Court expressly overruled the categorical ban on vertical price fixing agreements that had existed for nearly a century prior. See...more

The Review of the EU Data Protection Framework: A quick guide to EU lawmaking

It has been more than two years since the review of the EU data protection framework officially started. Despite several announcements from the European Commission (“Commission”) and growing expectations from the business...more

Search & Destroy Mission Yields Scant Results

We commented on the Obama Administration’s anti-preemption search and destroy mission at the time, back in 2009. To recap, a presidential memorandum directed all federal administrative agencies to seek out, identify, and...more

Alabama Immigration Law Upheld – Mostly

On September 28, 2011, U.S. District Court Judge Sharon Lovelace Blackburn upheld the key provisions of Alabama's immigration law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Alabama's immigration law is...more

Airline Managment Newsletter - August 2011

In this issue: Sixth Circuit Clarifies Employee's Burden of Proof for ADA Association Discrimination Claim Under the Distraction Theory; Wrongful Discharge Claim Preempted by the RLA; Former Airline Employee's Disability...more

NLRB Grants Use of Company Email for Union Purposes

On July 26, 2011 the NLRB unanimously found that union representatives may have a right to correspond with employees on their corporately purchased email accounts to solicit union activity. The Guard Publishing Co., d/b/a The...more

36 Results
|
View per page
Page: of 2

Follow Conflict of Laws Updates on: