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Big names, high stakes in quartet of pre-emption cases
Erwin Chemerinsky, a liberal scholar, and Kenneth Starr, a conservative, may appear to be the Oscar and Felix of constitutional law, but they're also friends and, perhaps surprisingly, share essentially the same view in one, increasingly hard-fought area of constitutional law. They both believe that federal law should trump state tort actions only when Congress has clearly stated that it must.Courtside: At the lectern in November, high court vets and a few first timers
The November cycle has numerous arguments in which one side is represented by a veteran familiar to the justices while the other side is not. That's not to say the non-veteran is outmatched or has less of a chance to win, but it does mean that veterans are not the only lawyers who step to the Supreme Court lectern these days.In Fall Term, Few Blockbusters, but Much to Watch
The Supreme Court's fall term opens on Oct. 4 with a historic first -- three women on the bench -- but as yet, few blockbuster challenges have appeared on the docket.When Kagan recuses, how often will decisions end in a tie?
Elena Kagan told the Senate Judiciary Committee that she would recuse herself, if confirmed, from 11 cases in which she was counsel of record in the coming Supreme Court term. What are those cases and what is the potential for 4-4 splits if she is not involved in the decisions?Big Names, High Stakes in 4 Pre-emption Cases
Erwin Chemerinsky, a liberal scholar, and Kenneth Starr, a conservative, may appear to be the Oscar and Felix of constitutional law, but they're also friends and, perhaps surprisingly, share essentially the same view in one, increasingly hard-fought area of constitutional law. They both believe that federal law should trump state tort actions only when Congress has clearly stated that it must.On the fall docket, few blockbusters — but plenty to watch
The Supreme Court's fall term opens on Oct. 4 with an historic first ? three women on the bench — but as yet, few blockbuster challenges have appeared on the docket. Court Kremlinologists, however, have plenty to watch. It's the second term in a row where they will be closely examining a new justice for clues on how she will approach cases.History Sniffing Code Collides With Privacy Concerns
History sniffing, a website practice that aims to circumvent computer privacy by surreptitiously running code inside a web browser, is now the centerpiece of a growing number of consumer class action suits. Miller & Martin attorneys Todd Presnell and Sepideh C. Khansari look at this new litigation arising from invasion of privacy, common law tort claims, and statutory violations and forecast short-term growth while regulators debate an appropriate government solution.History Sniffing Code Collides With Privacy Concerns
History sniffing, a web site practice that aims to circumvent computer privacy by surreptitiously running code inside a web browser, is now the centerpiece of a growing number of consumer class action suits.State AI Legislation Is on the Move in 2024
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