All Articles tagged preemption

• State Constitutional Commentary
  May 08, 2017 EDT
  GONE WITH THE WIND: STATE PREEMPTIVE POWER
  Steven Ferrey

  This article analyzes how the federalist United States system of law, melded with state constitutional law, regulates and controls the siting of new renewable energy resources.

• General
  May 13, 2014 EDT
  HYDROFRACKING AND HOME RULE: DEFENDING AND DEFINING AN ANTI-PREEMPTION CANON OF STATUTORY CONSTRUCTION IN NEW YORK
  Roderick M. Hills Jr.

  The regulation of hydraulic fracturing provides an ideal case study of whether municipal home rule can mitigate the costs of deep political disagreement.

• General
  January 01, 2013 EDT
  HIGH VOLUME HYDRAULIC FRACTURING AND HOME RULE: THE STRUGGLE FOR CONTROL
  Gregory R. NearpassRobert J. Brenner

  This article provides an overview of the current landscape of HVHF in New York State and the extent to which municipalities may regulate HVHF through the enactment of local law.

• General
  August 08, 2009 EDT
  FOUR PROBLEMS FACING MEANINGFUL STATE HEALTH CARE REFORM AND COVERAGE IN THE UNITED STATES
  Arlene Akiwumi-Assani

  This comment demonstrates the best approach to providing comprehensive health care coverage is on a federal level due to the obstacles facing state health care reform.

• General
  January 08, 2009 EDT
  INDIAN COUNTRY IN CYBER SPACE: BELLA HESS AND COMMERCE CLAUSE CONSTRAINTS ON INTERSTATE, MAIL-ORDER TRANSACTIONS
  Ben Fenner

  This article considers the states' ability to tax Internet transactions originating on reservations.

• General
  January 08, 2009 EDT
  A NATIONALIST CRITIQUE OF LOCAL LAWS PURPORTING TO REGULATE THE HIRING OF UNDOCUMENTED WORKERS
  Adam L. Lounsbury

  This comment discusses the implications of federal supremacy on local laws designed to regulate the hiring of undocumented workers.