GEO Group, Inc. v. Newsom
Ninth Circuit Strikes Down as Preempted California Law Prohibiting Private Immigration Detention Within the State
Vol. 135 No. 7
Preemption
State Preemption of Local Zoning Laws as Intersectional Climate Policy
Chapter Three
Vol. 135 No. 6
Chamber of Commerce v. Bonta
Ninth Circuit Upholds Statute Prohibiting Forced Arbitration in Employment
Vol. 135 No. 6
Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption
Vol. 135 No. 5
Both trademark and unfair competition laws and state right of publicity laws protect against unauthorized uses of a person’s identity. Increasingly, however, these rights...
To License a LULU: Scaling Preemption-Driven Responses to the Regulation of Recovery Homes
Vol. 135 No. 2
In land-use law and policy, local governments regularly bear the burden of making unpopular decisions. Local governments enjoy some level of home rule —...
Privatization’s Preemptive Effects
Vol. 134 No. 6
Many states offer their citizens protections, benefits, and services that go well beyond those of federal law, ranging from consumer protection to education, environmental...
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
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...