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Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman
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
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
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
"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
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
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
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
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
NYLS Law Review
No abstract provided.