Home Rule Reinforcement: Constitutional Local Autonomy Guarantees
Chapter Four
Vol. 139 No. 6
Preemption
The New National Security and the Old Federalism: Finding a Path Forward
Response to Federalism and the New National Security
Vol. 139 No. 4
Professors Ashley Deeks and Kristen Eichensehr have written a fine article that significantly advances discussion of national security federalism. The increase in state and...
Cangrejeros de Santurce Baseball Club, LLC v. Liga de Béisbol Profesional de Puerto Rico, Inc.
Vol. 139 No. 3
Baseball isn’t unique only for being “America’s pastime.” It is also unique because activities involving the “business . . . of base[ball]” are exempt from federal antitrust laws...
Federalism and the New National Security
Vol. 139 No. 2
U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit. But the return of great power competition with China and Russia and the accompanying proliferation of threats have spurred states to act on national security concerns.
(As-)Applying PLCAA’s Predicate Exception After National Shooting Sports Foundation, Inc. v. James
Despite the pervasiveness of gun violence in the United States, legal constraints have hindered the ability of state governments to address it. Direct state...
Preempting Toxic Torts: Third Circuit Opens Split on Cancer Warnings in Schaffner v. Monsanto
Pesticides can cause cancer. For that reason, they have long been the subject of state regulation. However, pesticide manufacturers like Monsanto Company have attempted...
The Market Participant Doctrine and Forced Arbitration
Vol. 137 No. 5
The majority of private sector, nonunion workers and e-commerce transactions are subject to arbitration agreements, which require litigating disputes in private, often confidential, proceedings,...
Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174
Vol. 137 No. 1
Under the long-standing doctrine of primary jurisdiction, courts temporarily abstain from resolving certain issues that an agency, entrusted by Congress to decide the question...
Cal. Lab. Code §§ 96, 1470–1473 (West 2020 & Supp. 2023)
California Law Creates Council to Set Minimum Work Standards for Fast-Food Industry.
To Save a City: A Localist Canon of Construction
Vol. 136 No. 4
Introduction Oakland had a problem. Predatory lenders were aggressively targeting its residents, extracting exorbitant interest fees and imposing surprise balloon payments. Throughout the city,...