federal and state law
Applying Federal Courts Of Appeals' Precedent: Contrasting Approaches To Applying Court Of Appeals' Federal Law Holdings And Erie State Law Predictions
... of state law is not binding in the same way as is its definitive interpretation of federal law, as a practical matter a circuit court’s interpretations of state law must be ...
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Federal Lien Provisions and State Law: The Problem of Giving Effect to Both in the Area of Joint Property Ownership
... Federal Lien Provisions and State Law The Problem of Giving Effect to Both in the Area of Joint Property Ownership SMU Law Review Volume 25 | Issue 3 Article 5 1971 Federal Lien Provisions and State L[.] ...
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The Federal Income Tax and State Law
... The Federal Income Tax and State Law SMU Law Review Volume 32 | Issue 5 Article 7 1978 The Federal Income Tax and State Law Boris I Bittker Follow this and additional works at https //scholar smu edu/[.] ...
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Just Scanning around with Diagnostic Medical Ultrasound: Should State Regulate the Nondiagnostic Uses of This Technology
... physician in the first place. 255 Clearly, these prescription devices fall under both federal and state law, as Texas follows the same federal classification and re[r] ...
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The Application Of Federal Common Law To Overcome Conflicting State Laws In The Supplemental Disgorgement Proceedings Of An SEC Appointed Receiver
... First, federal common law, because not clearly rooted in statutory or constitutional sources, appears to involve judicial lawmaking - a task at least in tension with federal separation of ...sure, ...
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Refbacks
... a federal definition of private property that is consistently applied in takings ...on federal law is justified by Supreme Court cases that have generally recognized the primacy of federal ...
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Unintended Consequences, Loopholes, and Gibberish: Why There Are Still Securities Act Class Actions in State Courts
... of federal securities class ...as state law ...preempted state law claims based on alleged misrepresentations, untrue state- ments, or omissions of material facts, requiring them ...
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Dynamic Statutory Interpretation: Occupational Safety and Health Act Preemption and State Environmental Regulation
... In the first situation, both federal and state laws have similar statu- tory purposes and the effect of the state law on the federal scheme is not negative." The [r] ...
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Federal Common Law and the Need for Uniformity in the Regulation of Federal Savings and Loan Associations and Federal Credit Unions
... whether federal common law or state law should apply in private causes of action against officers and directors of federal savings and loan associations and federal [r] ...
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Federal Preemption and State Water Law
... 1917 law, Congress itself has given the States a powerful tool for the protection of instream ...for federal licenses or permits for activities that may result in discharges into the state’s waters shall ...
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AIDS Discrimination under Federal, State, and Local Law after Arline
... Twelve states have handicap discrimination statutes that are based in whole on the federal Rehabilitation Act. However, only nine of those states adopt language from [r] ...
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Federal Law Wiretaps
... 7 Title III also requires that the judge issuing the authorization order cause an inventory giving notice of the interception to be served on "the persons named in the order or applicati[r] ...
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Introduction
... of Law (as it was known when she attended and graduated), this very Law Review, the State of Montana, the federal judici- ary, and the citizens of Montana and the world all have benefitted ...
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Prima Paint Pushed Compulsory Arbitration Under the Erie Train
... 169 . The disadvantage to litigants, such as Connie Nagrampa, is that any claim must always be tied to the arbitration clause itself. This will impinge on the value of the cause of action if there are good facts that go ...
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Freeing State Courts to Disregard Lower Federal Court Constitutional Holdings
... Freeing State Courts to Disregard Lower Federal Court Constitutional Holdings SMU Law Review Volume 25 | Issue 3 Article 7 1971 Freeing State Courts to Disregard Lower Federal Court Constitutional Hol[.] ...
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Refusal of State Court to Assume Jurisdiction after Federal Abstention
... Refusal of State Court to Assume Jurisdiction after Federal Abstention SMU Law Review Volume 20 | Issue 2 Article 11 1966 Refusal of State Court to Assume Jurisdiction after Federal Abstention John M[.] ...
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Libel in Labor Disputes Federal Versus State Jurisdiction
... Libel in Labor Disputes Federal Versus State Jurisdiction SMU Law Review Volume 20 | Issue 4 Article 11 1966 Libel in Labor Disputes Federal Versus State Jurisdiction Jerry Lee Arnold Follow this and[.] ...
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How the States Can Fix Sell: Forced Medication of Mentally Ill Criminal Defendants in State Courts
... each state, as legislatures can resolve any perceived failings of Sell and determine if additional protections are needed as a matter of ...course, state legislatures could not reduce protections below ...
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Liability of Government Appointed Attorneys in State Tort Actions
... It is interesting to note that in Ferri the court held that a federal court-appointed attorney was immune from a state malpractice suit on the basis of the federal common law of immunity[r] ...
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Constitutional Law - Federal Abstention Held Improper Where Criminal Prosecution is Threatened Under State Subversive Activities Statute to Discourage Plaintiffs from Continuing Civil Rights Activities. Dombrowski v. Pfister (U.S. 1965)
... Constitutional Law - Federal Abstention Held Improper Where Constitutional Law - Federal Abstention Held Improper Where Criminal Prosecution is Threatened Under State Subversive ...
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