Law School Toolbox Podcast Episode 386: Listen and Learn -- Federal and State Powers (Con Law)
On Friday, October 3, 2025, the United States Supreme Court announced that it will provide vital guidance regarding the extent to which freight brokers are liable for alleged negligence in selecting motor carriers that...more
On Friday October 3, 2025, the United States Supreme Court agreed to review Montgomery v. Caribe Transport II, LLC, a case that stands to reshape the legal landscape for freight brokers nationwide. At issue is whether federal...more
On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The...more
Welcome back to the Law School 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...more
In its first occasion to interpret § 353b of the Federal Food, Drug, and Cosmetic Act (FDCA), the US Court of Appeals for the Ninth Circuit relied on the “implied preemption doctrine” to affirm a district court’s case...more
The US Court of Appeals for the Second Circuit found that the federal Copyright Act preempts a state right of publicity claim when the latter is merely “a thinly disguised effort to exert control over an unauthorized [use of...more
The federal district court for the Northern District of California recently dismissed a putative class action lawsuit, which alleged that Horizon Organic milk containing “DHA” violated California’s unlawful and unfair...more