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Globalization And Structure, Julian Ku, John Yoo Nov 2011

Globalization And Structure, Julian Ku, John Yoo

William & Mary Law Review

No abstract provided.


Federalism Under Obama, Gillian E. Metzger Nov 2011

Federalism Under Obama, Gillian E. Metzger

William & Mary Law Review

No abstract provided.


Laws For Learning In An Age Of Acceleration, John O. Mcginnis Nov 2011

Laws For Learning In An Age Of Acceleration, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Assessing The State Of The State Constitutionalism, Jim Rossi Apr 2011

Assessing The State Of The State Constitutionalism, Jim Rossi

Michigan Law Review

Robert Williams's The Law of American State Constitutions is an impressive career accomplishment for one of the leading academic lawyers writing on state constitutions. Given the need for a comprehensive, treatise-like treatment of state constitutions that transcends individual jurisdictions, Williams's book will almost certainly become the go-to treatise for the next generation of state constitutional law practitioners and scholars. The U.S. Constitution has a grip on how the American legal mind approaches issues in American constitutionalism, but an important recurring theme in Williams's work (as well as that of others) is how state constitutions present unique interpretive challenges. More than …


Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland Mar 2011

Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland

William & Mary Bill of Rights Journal

Enforcing federalism is most commonly thought to involve the search for a
constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution’s commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress
has exceeded its authority in reenacting the Voting Rights Act’s preclearance requirements. …