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Articles 31 - 60 of 74
Full-Text Articles in Entire DC Network
Dual Constitutions And Constitutional Duels: Separation Of Powers And State Implementation Of Federally Inspired Regulatory Programs And Standards, Jim Rossi
William & Mary Law Review
Frequently, state-wide executive agencies and localities attempt to implement federally inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific law. Federally inspired programs can bump into state constitutional restrictions on the allocation of powers, especially in states whose constitutional systems embrace stronger prohibitions on legislative delegation than the weak restrictions at the federal level, where national goals and standards are made.
This Article addresses this tension between dual federal/state normative accounts of the constitutional allocation of powers in state implementation of federally inspired programs. To the extent the predominant ways of resolving the …
American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey
American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey
William & Mary Law Review
No abstract provided.
Proclamations, National Monuments, And The Scope Of Judicial Review Under The Antiquities Act Of 1906, Roberto Iraola
Proclamations, National Monuments, And The Scope Of Judicial Review Under The Antiquities Act Of 1906, Roberto Iraola
William & Mary Environmental Law and Policy Review
No abstract provided.
Trade Promotion Authority: Fast Track For The Twenty-First Century, Laura L. Wright
Trade Promotion Authority: Fast Track For The Twenty-First Century, Laura L. Wright
William & Mary Bill of Rights Journal
No abstract provided.
Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove
Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove
William & Mary Law Review
No abstract provided.
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
William & Mary Bill of Rights Journal
The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …
Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet
Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet
William & Mary Law Review
No abstract provided.
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
William & Mary Law Review
No abstract provided.
Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen
Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen
William & Mary Law Review
No abstract provided.
Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn
Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn
William & Mary Law Review
No abstract provided.
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
William & Mary Bill of Rights Journal
Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …
Executive Privilege And Interbranch Comity After Clinton, Jonathan L. Entin
Executive Privilege And Interbranch Comity After Clinton, Jonathan L. Entin
William & Mary Bill of Rights Journal
Although both constitutional theory and practical considerations offer powerful reasons for Congress and the President to prefer negotiation rather than litigation of separation of powers disputes, the Clinton Administration litigated and lost several important cases dealing with presidential power. Some commentators have suggested that these rulings will undermine the presidency for years after Clinton leaves office. Professor Entin assesses some factors, notably the phenomenon of divided government, that might have contributed to the difficulty of reaching interbranch accommodations in recent years and suggests that the long-term implications of the adverse judicial rulings may be less severe than the pessimists fear.
How Not To Challenge The Court, Neal Devins
How Not To Challenge The Court, Neal Devins
William & Mary Law Review
No abstract provided.
The Federalism Implications Of Flores, Stephen Gardbaum
The Federalism Implications Of Flores, Stephen Gardbaum
William & Mary Law Review
No abstract provided.
Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt
Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt
William & Mary Law Review
No abstract provided.
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
William & Mary Law Review
No abstract provided.
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
William & Mary Law Review
No abstract provided.
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Judicial Supremacy And The Settlement Function, Robert F. Nagel
William & Mary Law Review
No abstract provided.
Two Versions Of Judicial Supremacy, Mark Tushnet
Two Versions Of Judicial Supremacy, Mark Tushnet
William & Mary Law Review
No abstract provided.
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
William & Mary Law Review
No abstract provided.
Rfra, David P. Currie
Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan
Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan
William & Mary Law Review
No abstract provided.
Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock
Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock
William & Mary Law Review
No abstract provided.
On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr.
On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr.
William & Mary Law Review
No abstract provided.
Treading On Sacred Ground: Congress's Power To Subject White House Advisers To Senate Confirmation, Douglas S. Onley
Treading On Sacred Ground: Congress's Power To Subject White House Advisers To Senate Confirmation, Douglas S. Onley
William & Mary Law Review
No abstract provided.
A "Tier-Ful" Revelation: A Principled Approach To Separation Of Powers, Timothy T. Hui
A "Tier-Ful" Revelation: A Principled Approach To Separation Of Powers, Timothy T. Hui
William & Mary Law Review
No abstract provided.
The Limits Of The Parliamentary Critique Of The Separation Of Powers, Thomas O. Sargentich
The Limits Of The Parliamentary Critique Of The Separation Of Powers, Thomas O. Sargentich
William & Mary Law Review
No abstract provided.
Nondelegation After Mistretta: Phoenix Or Phaethon?, Lisa A. Cahill, J. Russell Jackson
Nondelegation After Mistretta: Phoenix Or Phaethon?, Lisa A. Cahill, J. Russell Jackson
William & Mary Law Review
No abstract provided.
Separation Of Powers: Asking A Different Question, Suzanna Sherry
Separation Of Powers: Asking A Different Question, Suzanna Sherry
William & Mary Law Review
No abstract provided.
Early Versions And Practices Of Separation Of Powers: A Comment, Russell K. Osgood
Early Versions And Practices Of Separation Of Powers: A Comment, Russell K. Osgood
William & Mary Law Review
No abstract provided.