The below facts are all derived from the amended opinion of the Ninth Circuit Court of Appeals. Collins v. Rice, 365 F.3d 667, 673 (9th Cir. 2004). During the process of jury selection for Collins’s trial, the prosecutor used peremptory...
federalism
(LIIBULLETIN preview)
In 2015, the State of Arkansas passed Act 900, a law created to regulate the practices of pharmacy benefit managers (“PBMs”). Pharm. Care Mgmt. Ass’n v. Rutledge at 1111. PBMs serve as a link between pharmacies and health plans. Id. PBMs run mail-order...
(LIIBULLETIN preview)
In 1972, Congress enacted the Clean Water Act (“CWA”) “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Sackett v. United States EPA at 1079. The CWA prohibits any person from discharging pollutants into...
(LIIBULLETIN preview (pre-2014))
Issue
Is the recommendation of an attorney considered "property" which can be extorted for purposes of federal anti-extortion law?
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FactsThe New York State Comptroller is the sole trustee for the Common Retirement Fund (“Fund...
(LIIBULLETIN preview (pre-2014))
[Question(s) presented]
[Issue(s)]
[Facts]
[Discussion]
[Analysis]
Issue
Whether Congress’s twenty-five year extension of the Voting Rights Act exceeded its power to enforce the protections of the Fourteenth and Fifteenth Amendments.
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(LIIBULLETIN preview)
As Ohio’s chief law enforcement officer, the Attorney General (the “OAG”) is charged with collecting debts owed to state entities under Ohio law. Gillie v. Law Office of Eric A. Jones, LLC, 37 F. Supp. 3d 928, 931 (S.D. Ohio 2014). The OAG “may appoint...
(LIIBULLETIN preview (pre-2014))
Consolidated with Horne v. Flores (Docket No. 08-289).
(LIIBULLETIN preview (pre-2014))
Facts
Petitioner Sprint Communications Company, L.P. (“Sprint”) connected Voice over Internet Protocol (“VoIP”) calls from Sprint’s to Windstream’s customers.Sprint Commc’n. Co., L.P. v. Jacobs, et al., 690 F.3d 864, 866 (8th Cir. 2012). Windstream...
(LIIBULLETIN preview (pre-2014))
Issue
Does the National Voter Registration Act preempt state law to the level that lower courts should afford Congress greater deference under the Elections Clause?
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FactsArizona voters passed a state initiative, Proposition 200, on...
(LIIBULLETIN preview (pre-2014))
Oral argument: Dec. 2, 2009
Appealed from: Florida Supreme Court (Sept. 29, 2008)
TAKINGS CLAUSE, JUDICIAL TAKINGS, ACCRETION, COASTAL PROPERTY, FEDERALISMIn order to combat beach erosion, the Florida Legislature passed the Beach and Shore...