American Insurance Ass'n v. Garamendi and executive preemption in foreign affairs.

From: William and Mary Law Review | Date: December 1, 2004| Author: | Copyright information 
TABLE OF CONTENTS 
 
INTRODUCTION 
I.   THE HOLOCAUST-ERA INSURANCE CLAIMS 
     A. California and the Claims 
     B. The United States and the Claims 
II.  FOREIGN AFFAIRS FEDERALISM BEFORE GARAMENDI 
     A. Article VI Preemption 
     B. Constitutional Exclusions 
       1. Specific Exclusions 
       2. The Dormant Commerce Clause Doctrine and 
          Exclusions by Implication 
       3. Zschernig v. Miller and Structural Exclusions 
     C. Preemption by Executive Acts 
     D. The HVIRA in the Lower Courts 
III. THE SUPREME COURT DECISION: REINVENTING 
     FOREIGN AFFAIRS ...

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