The PREVIEW editors will highlight 2 articles from each issue.

Following oral argument, check back for commentary from our authors.

 

Arizona v. United States

 

The state of Arizona enacted S.B. 1070 in order to address problems related to illegal immigration in the state. But the federal government claims that four provisions in S.B. 1070 intrude on and frustrate the purposes and objectives of the comprehensive federal immigration regulatory scheme. Under the Supremacy Clause, federal law preempts state law when federal law occupies the field or when state law stands as an obstacle to its purposes or objectives. The issue here is whether federal immigration law preempts four provisions of S.B. 1070.

Read the complete Preview article


Dorsey v. United States and Hill v. United States

 

This case concerns whether defendants whose criminal conduct occurred before the enactment of the Fair Sentencing Act (FSA) should nevertheless obtain the benefit of its reduced penalties for crack cocaine offenses. Edward Dorsey Sr. and Corey A. Hill both committed crack cocaine distribution offenses before, but were sentenced after, the FSA’s enactment. Both argued they should be sentenced in accordance with the FSA’s lower penalties. The district courts disagreed, and the Seventh Circuit upheld both sentences. The circuits are split 3-1-1 on the issue.

Read the complete Preview article

Advertisement