51 Cited authorities

Volt Info. Scis., Inc. v. Bd. of Trs.
489 U.S. 468 (1989) Cited 3,214 times 15 Legal Analyses
Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"
Cipollone v. Liggett Group, Inc.
505 U.S. 504 (1992) Cited 2,404 times 9 Legal Analyses
Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
New Orleans Pub. Serv., Inc. v. New Orleans
491 U.S. 350 (1989) Cited 2,010 times 3 Legal Analyses
Holding that Burford abstention is not appropriate where the plaintiff's claim "does not involve a state-law claim," and rejecting the Fifth Circuit's declaration that "`the absence of a state law claim [is] not fatal'" to the application of Burford abstention
English v. General Electric Co.
496 U.S. 72 (1990) Cited 1,317 times 8 Legal Analyses
Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation
Hillsborough County v. Automated Medical Labs
471 U.S. 707 (1985) Cited 1,192 times 3 Legal Analyses
Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"
Jones v. Rath Packing Co.
430 U.S. 519 (1977) Cited 1,187 times 3 Legal Analyses
Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation
Fla. Avocado Growers v. Paul
373 U.S. 132 (1963) Cited 1,569 times 3 Legal Analyses
Holding federal regulation concerning maturity of avocados did not preempt California regulation, where it was not impossible for growers to comply with both regulations
ATT CORP. v. IOWA UTILITIES BD
525 U.S. 366 (1999) Cited 404 times
Holding that the Federal Communications Commission, not a state agency, had authority to interpret a provision of the Telecommunications Act of 1996
Hisquierdo v. Hisquierdo
439 U.S. 572 (1979) Cited 635 times
Holding that federal law preempted state law's definition of community property subject to division with respect to federal pension benefits
Hines v. Davidowitz
312 U.S. 52 (1941) Cited 2,186 times 12 Legal Analyses
Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements
Section 2510 - Definitions
18 U.S.C. § 2510 Cited 4,260 times 79 Legal Analyses
Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
Section 2701 - Unlawful access to stored communications
18 U.S.C. § 2701 Cited 1,328 times 135 Legal Analyses
Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
Section 2703 - Required disclosure of customer communications or records
18 U.S.C. § 2703 Cited 1,212 times 100 Legal Analyses
Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"
Section 201 - Service and charges
47 U.S.C. § 201 Cited 709 times 11 Legal Analyses
Granting rulemaking authority
Section 1801 - Definitions
50 U.S.C. § 1801 Cited 280 times 10 Legal Analyses
Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States
Section 3127 - Definitions for chapter
18 U.S.C. § 3127 Cited 97 times 1 Legal Analyses
Defining pen register
Section 798 - Disclosure of classified information
18 U.S.C. § 798 Cited 91 times
Setting forth criminal penalties for disclosure of classified information
Section 403-1 - Transferred
50 U.S.C. § 403-1 Cited 66 times
Providing that "[t]he Director of National Intelligence shall protect intelligence sources and methods from unauthorized disclosure"
Section 1001 - Definitions
47 U.S.C. § 1001 Cited 37 times 9 Legal Analyses
Adopting definitions of 18 U.S.C. § 2510
Section 1809 - Criminal sanctions
50 U.S.C. § 1809 Cited 37 times 1 Legal Analyses
Prohibiting electronic surveillance under color of law, but providing a defense to "a law enforcement or investigative officer engaged in the course of his official duties" conducting electronic surveillance per a search warrant or court order

In re National Security Agency Telecommunications Records Litigation

51 Cited authorities

Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"

Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

Holding that Burford abstention is not appropriate where the plaintiff's claim "does not involve a state-law claim," and rejecting the Fifth Circuit's declaration that "`the absence of a state law claim [is] not fatal'" to the application of Burford abstention

Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation

Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"

Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation

Holding federal regulation concerning maturity of avocados did not preempt California regulation, where it was not impossible for growers to comply with both regulations

Holding that the Federal Communications Commission, not a state agency, had authority to interpret a provision of the Telecommunications Act of 1996

Holding that federal law preempted state law's definition of community property subject to division with respect to federal pension benefits

Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements

Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

Granting rulemaking authority

Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States

Defining pen register

Setting forth criminal penalties for disclosure of classified information

Providing that "[t]he Director of National Intelligence shall protect intelligence sources and methods from unauthorized disclosure"

Adopting definitions of 18 U.S.C. § 2510

Prohibiting electronic surveillance under color of law, but providing a defense to "a law enforcement or investigative officer engaged in the course of his official duties" conducting electronic surveillance per a search warrant or court order