Justices take the 11th: obscure amendment becomes federalism fodder for Supreme Court
Article Abstract:
The US Supreme Court has positioned itself to continue to redefine federalism by agreeing to hear Idaho v. Coeur d'Alene Tribe. The case involves land rights to a popular lake resort area. The state is arguing that the 11th Amendment applies to bar the tribe's suit against the state. The Tribe is arguing that its request for injunctive relief falls squarely under the exception to the 11th Amendment established by Ex Parte Young. If the Court accepts the state's argument, civil rights claims against states may be limited.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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The heart of the matter; product liability case will test Court's commitment to federalist principles
Article Abstract:
The US Supreme Court heard oral arguments in Lohr v. Medtronics on Apr 23, 1996 and the result could change products liability cases if the preemption of state health and safety laws is upheld. The US Court of Appeals for the 11th Circuit ruled that the Federal Food Drug and Cosmetic Act preempted state common law claims regarding defective medical products. Until 1976 and the injuries caused by the Dalkon Shield, medical devices were largely unregulated.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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Western showdown: two Montana judges buck the U.S. Supreme Court
Article Abstract:
Two Montana Supreme Court justices will not sign a remand order from the US Supreme Court in Doctor's Associates, Inc. v. Casarotto. At issue was the validity of a Montana law on the typing style of arbitration clauses in contracts. The justices profess to be offended by federal courts' attempt to impose their will on Montana and their use of mandatory arbitration to lighten their dockets.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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