THE CLEAN AIR ACT'S PREEMPTIVE EFFECT ON THE FEDERAL COMMON LAW OF NUISANCE Until the Supreme Court's decision in Massachusetts v. EPA ("Massachusetts II"),2 legal scholars disagreed as to the CAA's preemptive effect on interstate nuisance actions involving greenhouse gases, such as carbon dioxide.3 This debate was important to public interest groups and private citizens wanting to bring an interstate nuisance action under the federal common law.4 If the CAA preempted the federal common law for interstate nuisance actions involving greenhouses gases, then their cases would be dismissed for lack of jurisdiction. "11 In the early twentieth century, these specialized areas of federal common law became extremely important in interstate pollution disputes in order to protect the natural res...
§ 20.1. Separation of Powers Checks and Balances. § 20.1.1 Having Some Constitutional Government Structure in Place and Operating. § 20.1.1.1 Ensuring the Continuity of Government. § 20.1.1.2 The 1781 Articles of Confederation and Their Replacement by the 1789 Constitution. § 20.1.1.3 Amending the United States Constitution. § 20.1.2 Issues in the Election of Members of the Federal Government. § 20.1.2.1 Presidential Election. § 20.1.2.2 Congressional Elections. § 20.1.3 Impeachment Power of Congress. § 20.1.4 Immunities from Suit . § 20.1.4.1 Congressional Immunities: The Arrest and Speech or Debate Clauses. § 20.1.4.2 Executive Immunities. A. The President. B. Immunity for Lower Federal Officials. § 20.1.4.3 Judicial Immunity and Congressional Interference with the Courts. § 20.1.4.4 ...
.... Cutting across all of these areas are three main issues that have framed Court doctr...
Michael McBride III is chairman of Crowe & Dunlevy's Indian Law and Gaming Practice Group. McBride, a partner in the firm's Tulsa office, has dedicated his 17-year legal career to representing Native American citizens and governments. He has practiced primarily in the areas of federal Indian law and gaming, as well as complex federal, civil and criminal litigation. He also has experience in resolving business disputes. McBride is a member of the Federal Bar Association's national board of directors, a lifetime fellow of the Federal Bar Foundation and a fellow of American Bar Foundation. He also is one of two Oklahoma general members of the International Masters of Gaming Law, a peer-reviewed organization of gaming lawyers, executives, regulators and educators. He is currently chair of M...
Congressional acts and federal courts authorize habeas corpus proceedings as a post-conviction remedy for prisoners challenging the validity of their imprisonment under the Constitution.9 Habeas corpus law is one of the most contentious areas of law because it is the only instance in which federal courts can review and overturn state court decisions without giving res judicata effect to those decisions.10 Congress enacted the initial federal statutory version of habeas corpus law in 1789 by way of the Judiciary Act.11 The Judiciary Act allowed "federal courts to issue writs of habeas corpus for prisoners held in federal custody and who alleged that their confinement violated [federal law].
WASHINGTON - The Senate on Sunday passed a $1.1 trillion spending bill with increased budgets for vast areas of the federal government, including health, education, law enforcement and veterans' programs. The more-than-1,000-page package, one of the last essential chores of Congress this year, passed 57-35 and now goes to President Barack Obama for his signature.
WASHINGTON, Aug. 4, 2011 /PRNewswire-USNewswire/ -- The Hispanic National Bar Association (HNBA) commends the United States Department of Justice for its decision to file a preliminary injunction against the State of Alabama's H.B. 56. The law, which creates a state-enforced immigration status verification system that seeks to criminalize immigrants in all areas of society from housing to school to employment, is a flagrant violation of federal immigration law. The Department of Justice (DOJ) has found the law to be unconstitutional under preemption principles and filed a lawsuit against Alabama. The Department of Justice's action against Alabama's H.B. 56 is consistent with its case against Arizona's notorious S.B. 1070. Similar in many respects to S.B. 1070, H.B. 56 mandates that stat...
Jeannie Yim Figer recently joined Littler Mendelson, an employment and labor law firm representing employers. She resides in the firm's Rochester office, where she counsels corporate clients in all areas of labor and employment matters under federal and state law, including claims based on Title VII and ERISA. Specific areas include employment discrimination, harassment and wrongful termination litigation.
Unfortunately, the playing field has changed and International Non- Governmental Organizations and other associated entities now encounter rising security threats that force the implementation of new, more effective security policies and procedures, evacuation plans and business continuity plans. In most areas of Pakistan it is beneficial to coordinate with local and federal law enforcement agencies, which at times becomes difficult given the wide variety of agencies that operate in each region. In September 2008, Pakistani law enforcement agents in Mansehra reported that members of one INGO received threatening phone calls from a militant group in the area when a male and female employee of the INGO shared accommodations.
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