Examples of Fed. law dependent on state definitions

[daviwag at regent.edu]

There's also the Lucas situation, where the applicability of the Takings
Clause depends on state nuisance law...

David M. Wagner
Regent University School of Law
1000 Regent University Drive
Virginia Beach, VA  23464 

> -----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 1:21 PM
> 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
> 
> 
> 
> _______________________________________________
> To post, send message to Conlawprof at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, 
> see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
> 
> Please note that messages sent to this large list cannot be 
> viewed as private.  Anyone can subscribe to the list and read 
> messages that are posted; people can read the Web archives; 
> and list members can (rightly or wrongly) forward the 
> messages to others.
>