City of Oakland v. BP PLC
Ninth Circuit Finds that State Public Nuisance Claims Against Fossil Fuel Producers Are Not Completely Preempted by Federal Law.
Vol. 134 No. 5
Preemption
Energy Federalism’s Aim
Response to Long Live The Federal Power Act’s Bright Line
Vol. 134 No. 4
The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory approach for the energy...
Long Live The Federal Power Act’s Bright Line
Vol. 134 No. 4
This Article interprets a trio of recent Supreme Court cases that addressed jurisdictional disputes in energy markets to identify which policies respect the Federal...
State Courts and the Federalization of Arbitration Law
Vol. 134 No. 3
Introduction In matters involving commercial arbitration, the nation’s laboratories of democracy have been shut down. The Supreme Court’s string of sweeping preemption decisions concerning...
Antitrust Federalism, Preemption, and Judge-Made Law
Vol. 133 No. 8
Both the United States government and the governments of the fifty states use antitrust principles to regulate firms. A collection of federal statutes, first...
Chamber of Commerce v. City of Seattle
Ninth Circuit Holds Collective Bargaining Ordinance Not Entitled to State Action Immunity.
Vol. 132 No. 8
Lewis v. Governor of Alabama
Eleventh Circuit Reverses Dismissal of Discrimination Claim Relying on Historical and Statistical Evidence.
Vol. 132 No. 2
State v. Wayfair Inc.
South Dakota Supreme Court Holds Unconstitutional State Law Requiring Internet Retailers Without In-State Physical Presence to Remit Sales Tax.
Vol. 131 No. 7
Singer v. City of Newton
Massachusetts District Court Finds Portion of Local Drone Ordinance Preempted by FAA Regulation.
Vol. 131 No. 7
Self-Insurance Institute of America, Inc. v. Snyder
Sixth Circuit Holds that ERISA Does Not Preempt Michigan Medicaid Tax Law.
Vol. 130 No. 5