Examples of Fed. law dependent on state definitions

Jonathan Miller jmiller at swlaw.edu
Fri Nov 17 12:18:27 PST 2006


Thanks, this answers my question perfectly!

Mikos, Robert wrote:

>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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