Foreign Affairs Preemption

Federal Court Enjoins New Jersey Statute Sanctioning Russia

Following Russia’s full-scale invasion of Ukraine in 2022, New Jersey enacted a statute (the “Russia Act”) prohibiting state agencies and political subdivisions from doing business with entities engaged in “prohibited activities” in Russia. In Kyocera Document Sols. Am., Inc. v. Div. of Admin., district court judge Robert H. Kirsch held that the statute is preempted…

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11th Circuit Enjoins Enforcement of Florida Statute on Alien Ownership of Property

Foreign ownership of agricultural property in the United States has become more common over the past decades, leading to increased efforts to limit the practice. The U.S. Court of Appeals for the Eleventh Circuit is currently waiting to hear oral arguments in Shen v. Simpson a challenge to a Florida statute (SB 264) that restricts…

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Climate Change Litigation and the “Foreign Affairs” Trump Card

Factory with smoke stakes

Having found the federal courts unfriendly to climate-related claims, a series of plaintiffs—mostly state and municipal governments—have sued fossil fuel companies under state law often in state court. Oil company defendants resisting these claims have argued that federal law, not state law, should govern. For cases filed in state court, defendants also have sought to remove the cases to federal court, asserting federal jurisdiction on various theories.

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Slovin

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Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Aaron D. Simowitz

Willamette University College of Law
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