The Federalism Project

American Enterprise Institute

2003-2004 Term

click for case details

Elk Grove School District v. Nedow 

Can a school district start the day with the Pledge of Allegiance without violating the First Amendment?

Hibbs v. Winn (or that other Judge Reinhardt decision)

Basim Omar Sabri v. U.S.

Are federal anti-bribery laws a valid exercise of congressional power?

Sovereign Immunity

Tennessee Student Assistance Corporation v. Hood Can Congress override state immunity through its bankruptcy power?

Frew v. Hawkins

Do states waive their immunity when they sign consent decrees? 

Tennessee v. Lane

Are states immune from damage claims under Title II of the Americans with Disabilities Act ?

Civil Rights

Locke v. Davey

Does the First Amendment trump a state scholarship provision? 


Preemption and State to State Relations

Engine Manufacturers Association v. South Coast Air Quality Management District 

Are regulations by the South Coast Air Quality Management District preempted by the federal Clean Air Act?

Patients cannot sue HMO's under state law for refusing to pay for doctor-recommended care; Employee Retirement Income Security Act completely pre-empts these actions.

Aetna v. Davila

Nixon v. Missouri Municipal League

Can states bar municipalities from providing telecom services?

2002 Term

2001 Term

2000 Term


Selected issues are highlighted in selected cases; neither the list nor the summaries are intended to be comprehensive