Tags » Preemption

Causation and Overdetermination

PREEMPTION ONCE MORE

In a previous post entitled Causation and Preemption, I argued against David Lewis’ counterfactual analysis of causation by citing examples of “trumping.” Trumping happens when two causes each suffice to bring about the same effect, but one cause overrides the other somehow. 1,119 more words

Academic

Hardy

Hardy v. New York City Health and Hospitals Corp., 164 F.3d 789 (2d Cir. 1999)

The patient had a long history of hypertension, and she presented to the hospital’s ER with complaints of nausea, vomiting, dizziness, diarrhea, and high blood pressure for the past several days. 329 more words

Failure To Screen

Default Judgment Entered Against the City of Harrisburg, et al. in Firearm Preemption Litigation

Today, the Dauphin County Prothonotary entered a default judgment for Plaintiff Howard Bullock against the City of Harrisburg, Mayor Eric Papenfuse and Police Chief Thomas Carter in the amount of “$21,140 plus such additional sums as may be assessed at trial.”  You can download an entire copy of the Default Judgment… 116 more words

Firearms Law

The FCC's other big vote: small cities await their broadband fate

The big battle over net neutrality will go to a vote on Thursday but, for many people in small cities, it’s the other item on the agenda that matters most: whether the agency will allow two towns to build their own broadband infrastructure. 359 more words

Municipal Preemption in the News

As I wrote recently, preemptive laws prohibit municipal governments from enacting particular policies. Preemption in the nineteenth century was extensive, as business interests used state legislatures tilted toward rural interests to thwart the efforts of municipalities to meet public needs through taxation and spending.  782 more words

In The News

Motion for Stay is DENIED in NRA v. Lancaster

It was reported earlier this week that the City of Lancaster’s request for a Stay, pending the constitutional challenge in Leach v. Commonwealth of Pennsylvania, 585 MD 2014, was denied. 172 more words

Firearms Law