Published: Feb 18th, 2013
Its 19th century provenance is “sordid;” it is employed today in the service “political bullying;” and the best that a lawyer can hope for is to embrace “ambiguity,” while navigating this legal realm. Such was the abuse heaped on the seemingly mild-mannered legal doctrine of [...]
Published: Jan 14th, 2013
Everybody knows that federal law preempts state law, which in turn preempts local law – pretty simple right? Unfortunately, it’s not always quite so clear. The area of preemption in law can raise some tricky questions in several areas, including firearms, immigration, renewable energy, agriculture and fracking.