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17 votes
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Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

In general Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law? It depends upon the legal theory asserted and the parties involved. ...
ohwilleke's user avatar
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12 votes
Accepted

Are partner notification laws in conflict with HIPAA?

No. HIPAA places no limits on who you may share your medical records with - only on those with who your doctors (et al) can share. The HIV laws you refer to, place a positive obligation on you to ...
Martin Bonner supports Monica's user avatar
8 votes

Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

canada This question is currently before the Supreme Court of Canada in an appeal styled Attorney General of Canada v. Joseph Power. The question is when, if ever, a damages award would be available ...
Jen's user avatar
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8 votes

Federal Law vs Federal Law

canada The relationship between multiple statutes from the same jurisdiction would be resolved through an ordinary exercise of statutory interpretation to determine what law applies in the ...
Jen's user avatar
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7 votes

Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

In france, the constitutionality of a law can be checked before its promulgation, or after. If it is checked after, and deemed to be unconstitutional, then it is struck down at the date of the ...
Maxime's user avatar
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4 votes

Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

Everyone bears their own costs australia Unlike many other common-law jurisdictions, the Australian judiciary has never recognised that there is a common-law remedy for invalid administrative action, ...
Dale M's user avatar
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4 votes

Can states and localities have stronger immigration status-based employment discrimination laws than the federal law?

It is well established that the federal government has complete control over immigration. See especially Arizona v. US which holds that States are precluded from regulating conduct in a field that ...
user6726's user avatar
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2 votes

Are partner notification laws in conflict with HIPAA?

There are several diseases that are notifiable. A doctor or medical laboratory is required to inform a public health agency if any of these are found. Some of these are transmitted sexually as well as ...
David Smith's user avatar
1 vote

If Roe is overturned, could Congress still protect abortion rights?

A ruling that overturns Roe would list specific reasons, so we'd have to see what the articulated principles are. The commerce clause is the obvious least-questionable weapon in the federal arsenal. ...
user6726's user avatar
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