Volume 84 | Issue 5

May 2010

Volume 92 | Issue 4
Preemption, Tort Law
Federal Preemption of State Tort Law: Policies, Procedures, and Proposals of the ABA Task Force
Preemption, Tort Law

Introduction by Edward F. Sherman

Preemption, Tort Law
Preemption
Quasi-Preemption: Nervous Breakdown in Our Constitutional System
Preemption

Article by Geoffrey C. Hazard, Jr.

Preemption
Preemption
A Separation-of-Powers Defense of the "Presumption Against Preemption"
Preemption

Article by Robert S. Peck

Preemption
Preemption
Preemption of State Common Law by Federal Agency Action: Striking the Appropriate Balance that Protects Public Safety
Preemption

Article by Victor E. Schwartz and Cary Silverman

Preemption
Preemption
Judicial Deference and Regulatory Preemption by Federal Agencies
Preemption

Article by William Funk

Preemption
Preemption
The Defense of Preemption: A View from the Trenches
Preemption

Article by Alan Untereiner

Preemption
Tort Law, Health Care Law, Preemption
When Worlds Collide: The Supreme Court Confronts Federal Agencies with Federalism in Wyeth v. Levine
Tort Law, Health Care Law, Preemption

Article by Elizabeth J. Cabraser

Tort Law, Health Care Law, Preemption
Labor Law
H-2B Workers and the Obligations of Employers under the Fair Labor Standards Act: How Castellanos-Contreras v. Decatur Hotels, L.L.C. Changed the Theory of Reimbursement Requirements
Labor Law

Recent Development by Kimberly Knight Hart

Labor Law
Sentencing
Troubling Trifles: United States v. Whitelaw Divines a Sentencing Court's Reasons for an Above Guidelines Sentence in the Fifth Circuit
Sentencing

Recent Development by Christopher M. La Tronica

Sentencing
SLAPP
The Fifth Circuit "SLAPPs" Back: Immediate Appeal of Anti-SLAPP Motions under the Collateral Order Doctrine in Henry v. Lake Charles American Press, L.L.C.
SLAPP

Recent Development by William Brian London

SLAPP
Due Process
Ovalles v. Holder: Better Late than . . . on Time? The Fifth Circuit Avoids Ruling on the Validity of the Postdeparture Bar
Due Process

Recent Development by Emma Rebhorn

Due Process
Tort Law, Maritime
Ondimar Transportes Maritimos v. Beatty Street Properties, Inc.: The Fifth Circuit Invalidates Maritime Tort Assignments Obtained To Seek Contribution from Unreleased Joint Tortfeasors
Tort Law, Maritime

Recent Development by Mark A. Schlackman

Tort Law, Maritime
ADA
Frame v. City of Arlington: The Fifth Circuit Starts the Limitations Clock for Title II Claims upon a Municipality's Non-ADA-Compliant Construction or Alteration
ADA

Recent Development by Justin M. Woodard

ADA
Evidence, Criminal Law
United States v. Sylvester: The Expansion of the Waiver of Federal Rule of Evidence 410 To Allow Case-in-Chief Use of Plea Negotiation Statements
Evidence, Criminal Law

Recent Development by Julia A. Keck

Evidence, Criminal Law
Qualified Immunity, Section 1983
Thompson v. Connick: The Fifth Circuit Tiptoes Around the Issue of Qualified Prosecutorial Immunity and Collapses Municipal and Vicarious Liability Under § 1983
Qualified Immunity, Section 1983

Recent Development by Sophia Juliana Johnson

Qualified Immunity, Section 1983
 

Looking for something specific?