California's Holocaust Victim Insurance Relief Act and American Preemption Doctrine

On the same day that the United States Supreme Court handed down its much anticipated decisions on affirmative action in higher education, holding that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution permits a degree of race-consciousness in public universit...

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Bibliographic Details
Published inGerman law journal Vol. 4; no. 11; pp. 1193 - 1205
Main Author Adler, Libby
Format Journal Article
LanguageEnglish
Published 01.11.2003
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Summary:On the same day that the United States Supreme Court handed down its much anticipated decisions on affirmative action in higher education, holding that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution permits a degree of race-consciousness in public university admissions, it also issued a far less heralded decision with implications for the ability of the states to address historical injustice. In American Insurance Association v. Garamendi ( Garamendi ), five members of the Court, led by Justice Souter, found that California's Holocaust Victim Insurance Relief Act of 1999 (HVIRA) “interferes with the National Government's conduct of foreign relations” and is therefore preempted.
ISSN:2071-8322
2071-8322
DOI:10.1017/S2071832200012049