Bar Exam Toolbox Podcast Episode 162: Listen and Learn -- Federal and State Powers (Con Law)
On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more
On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen....more
Indian tribal rights led the Supreme Court’s docket yesterday. In one case, the Court held that the federal Bankruptcy Code abrogated the sovereign immunity of tribal governments. And in another, this time upholding tribal...more
The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean...more
Welcome back to the Bar Exam Toolbox podcast! Today we're talking about three different topics in Constitutional Law that are sometimes tested together: executive authority, federal preemption, and commandeering. These topics...more
On January 11, 2022, Maverick Gaming LLC (Maverick), a non-tribal cardroom and casino operator, initiated a lawsuit in D.C. federal court challenging Washington state’s sports betting framework, which grants...more
A group of states has sued President Joe Biden and his administration challenging the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) setting COVID-19 vaccination requirements for a range of...more
Tucked away in the American Rescue Plan Act of 2021 is a provision that prohibits states from using the $350 billion in state and local relief money to fund tax cuts. What does this mean for state tax policy? What does this...more
Two weeks ago, on September 2, 2020, the Centers for Disease Control (“CDC”) relied on little-known statutory powers to issue a temporary moratorium for most residential evictions, with a stated goal of reducing the risk of...more
On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more
Is Sports Betting Legal? Until a recent Supreme Court decision addressed the question, the answer was fairly straightforward: sports betting was allowed in only four states. All other states were prohibited from legalizing...more
The Regulatory Review July 25, 2018 With its decision in Murphy v. National Collegiate Athletic Association, the U.S. Supreme Court invalidated the Professional Amateur Sports Protection Act (PASPA), a federal statute that...more
Unlike other Terms, only a handful of cases addressed administrative and environmental law issues in the U.S. Supreme Court’s 2017-2018 Term. However, the next Term of the Court promises to be more active in these areas....more
• The U.S. Supreme Court's recent landmark decision in Murphy v. National Collegiate Athletic Association,et al. overturned the Professional and Amateur Sports Protection Act of 1992 (PASPA), effectively granting each state...more
On May 14, 2018, the U.S. Supreme Court issued its long-awaited decision in Murphy v. NCAA, which struck down as unconstitutional a federal statute that banned states from authorizing sports gambling. Just 28 days later, on...more
The Buzz returns renewed and reenergized from last week’s highly successful Workplace Strategies conference in Phoenix, Arizona, where approximately 800 employer representatives gathered with Ogletree Deakins lawyers to...more
After much speculation and anticipation, the U.S. Supreme Court today ruled that the States may conduct sports betting, and struck down the Professional & Amateur Sports Protection Act (“PASPA”). In the case of Murphy v....more
On May 14, 2018, the U.S. Supreme Court issued a decision that struck down the Professional and Amateur Sports Protection Act (“PASPA”) on grounds that the act unconstitutionally “commandeers” the powers of the states. By...more
• The Supreme Court in Murphy v. NCAA ruled 7-2 that a federal law prohibiting states from authorizing sports betting violated the constitutional rule that the federal government may not “commandeer” the states. • The...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more
On Monday, the Supreme Court opened the door for states across the country to authorize sports gambling within their borders—a decision that could have a dramatic effect in the world of sports and potentially weaken the...more
On May 14, the United States Supreme Court struck down a federal law that effectively prohibited states from legalizing sports betting. The Court’s decision breaks Nevada’s monopoly on sports betting and will empower state...more
This week, the U.S. Supreme Court issued a landmark decision authorizing the states to decide whether sports betting should be legal within their borders. In its decision, the Court struck down certain provisions of the...more
Since 1992, the Professional and Amateur Sports Protection Act ("PASPA"), 28 U.S.C. § 3702, has, among other things, made it unlawful for U.S. states (with the exception of Nevada and three other "grandfathered" states) to...more
The U.S. Supreme Court this week struck down a federal law that prohibits most states from allowing gambling on competitive sporting events. The Court's May 14 ruling in Murphy v. NCAA has significant potential implications...more