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Jones Day attorney Michael Carvin, representing the the National Federation of Independent Business, tried to appeal to Kennedy by comparing what the law does to individuals with federal laws Kennedy has voted to strike down that took away powers that belong to the states.
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The outcome of cases is determined by comparing the defendant's actions against state law.
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There are plenty of ways to use foreign law appropriately -- most obviously in comparing standards for implementation in the case of treaties.
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The office then launched its investigation, comparing gas prices before and after the crisis under the state's Price Gouging Law, which prohibits merchants from taking unfair advantage of consumers by selling goods or services for an "unconscionably excessive price" during disasters.
WSJ: Gas Price Hikes Lead to Lawsuits