Currently, it is estimated that 860 jurisdictions across 37 states in the United States regulate pit bulls, despite 19 states passing these state preemption laws.
At-risk states in 2016, expected to again face these state preemption bills, include: Arizona, Georgia, Kentucky and Washington.
Read full report: 2015 First Quarter Report: Municipalities and Grassroots Beat Back State Preemption Bills Barring Local Pit Bull Ordinances
administrative preemption yet narrow enough to preserve the Court's
administrative preemption will likely be of more concern to
should be concerned too: administrative preemption is incompatible with
Drawing from the growing body of administrative law scholarship employing a functionalist approach to resolving agency preemption disputes, this Article argues that the preemptive effect of immigration agency decisions should depend on the extent to which the decisionmaking process mitigates the institutional concerns associated with administrative preemption.
12) An examination of the institutional design of immigration agency decisionmaking, however, suggests that contrary to conventional wisdom, the procedural formality of the agency's decision serves as a poor proxy for mitigating the institutional concerns associated with administrative preemption.
15) If preemption did not exist--and manufacturers were forced
Court's implied and express preemption doctrine in the context of
We find that as a response to an increase in the potency of the organization--interpreted as an increase in terrorism--the target countries scale up their security-deterrence measures, but may either decrease or increase preemption, depending on whether the marginal-fear effect is weak or strong.
In comparison to Sandier and Sequeira (2006), for example, who adopt a reduced-form approach and directly postulate that (a) an increase in security-deterrence by one target country induces the terrorist organization to focus more on other target countries and (b) preemption measures undertaken by target countries that reduce the overall strike capacity of the organization are strategic substitutes, our analysis shows that these may not hold.
54 billion, but the deal was subject to preemption
rights of ONGC and Shell.
common law claims through the doctrines of field preemption and
displacement analysis into their preemption analysis, even though