Examples of Fed. law dependent on state definitions

[Mikos, Robert]

Jonathan --

Here are a few examples outside immigration -- e.g., the Lautenberg
Amendment to the Gun Control Act bars anyone who has been convicted of a
misdemeanor crime of domestic violence from possessing a firearm (the
ban is almost always triggered by a state conviction, since the federal
government rarely prosecutes domestic violence cases); various federal
laws also bar individuals who have been convicted of certain crimes
(state or federal) from receiving federal financial aid, welfare
benefits, public housing benefits, and so on.  

Now for the self-promotion -- I published an article in Cornell last
year that discusses so called federal supplemental sanctions (sanctions
imposed by the federal government on individuals who have been convicted
of state crimes, including the ones mentioned above), and the effects
that such sanctions have on the enforcement of state criminal law
(defendants fighting charges more vigorously, jury nullifications,
etc.).  Robert A. Mikos, Enforcing State Law in Congress's Shadow, 90
Cornell L. Rev. 1411 (2005).

In addition, I recall a useful Kozinski passage from a 9th Cir. case
(probably dealing with immigration) that discusses other examples, but I
don't have the cite on hand . . .   

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Jonathan Miller
Sent: Friday, November 17, 2006 10:21 AM
To: CONLAWPROF at lists.ucla.edu
Subject: Examples of Fed. law dependent on state definitions

Can anyone think of situations outside of the immigration field where 
Federal law depends on State legislation with an independent set of 
goals?  For example, in the immigration field, the Supreme Court is 
presently considering whether Federal law depends on State law for 
determining whether an individual committed an aggravated felony 
subjecting them to automatic deportation.  That creates a situation 
where State lawmakers need to take into account the likely Federal 
consequences of their legislative classifications.  Are there other 
situations where a State may pass a law for one reason, but the law will

produce a different consequence from the State's intended one because of

a Federal law that uses the State's classification?  Thanks,  Jonathan 
Miller

-- 
Prof. Jonathan Miller
Southwestern Law School
3050 Wilshire Blvd.
Los Angeles, CA 90005
(213) 738 - 6784



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