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Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman Dec 2006

Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman

William & Mary Bill of Rights Journal

No abstract provided.


Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post Oct 2006

Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post

William & Mary Law Review

This Article offers a detailed analysis of major Taft Court decisions involving prohibition, including Olmstead v. United States, Carroll v. United States, United States v. Lanza, Lambert v. Yellowley, and Tumey v. Ohio. Prohibition, and the Eighteenth Amendment by which it was constitutionally entrenched, was the result of a social movement that fused progressive beliefs in efficiency with conservative beliefs in individual responsibility and self-control.

During the 1920s the Supreme Court was a strictly "bone-dry"institution that regularly sustained the administrative and law enforcement techniques deployed by the federal government in its losing effort to prevent the manufacture and sale of …


Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel Oct 2006

Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel

Vanderbilt Law Review

This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control.

While it is a context-sensitive empirical question whether specific applications of the …


"Tucker's Rule": St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash Feb 2006

"Tucker's Rule": St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash

William & Mary Law Review

No abstract provided.


St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig Feb 2006

St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig

William & Mary Law Review

No abstract provided.


Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies Jan 2006

Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies

Florida A & M University Law Review

No abstract provided.


Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick M. Garry Jan 2006

Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick M. Garry

Kentucky Law Journal

No abstract provided.


Reconceptualizing Federalism, Erwin Chemerinsky Jan 2006

Reconceptualizing Federalism, Erwin Chemerinsky

NYLS Law Review

No abstract provided.


The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker Jan 2006

The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker

NYLS Law Review

No abstract provided.