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Full-Text Articles in Law
Rights-Weakening Federalism, Shitong Qiao
Rights-Weakening Federalism, Shitong Qiao
Faculty Scholarship
This article examines whether federalism protects land rights in China from two dimensions. I first compare national law with local institutions of eminent domain, revealing that local governments take much more land than the national government approves, frequently violating, tweaking, and challenging national law. I next examine the impact of interjurisdictional competition on the development of local land institutions, demonstrating that local governments are weakening individual land rights for the benefits of mobile capital. Overall, Chinese federalism weakens rather than strengthens individual land rights and should be called rights-weakening federalism.
This China case also has general theoretical implications. Leading property …
What Can Europe Tell Us About The Future Of American Federalism?, Ernest A. Young
What Can Europe Tell Us About The Future Of American Federalism?, Ernest A. Young
Faculty Scholarship
No abstract provided.
The European Union: A Comparative Perspective, Ernest A. Young
The European Union: A Comparative Perspective, Ernest A. Young
Faculty Scholarship
This chapter, to be included in the Oxford Principles of EU Law volume, compares the federalisms of Europe and the United States. It argues that Europe can be sensibly viewed from both federal and intergovernmental perspectives, and that particular aspects of the European Union’s structure fit each model. In particular, the EU is federal—that is, integrated to a comparable degree to the U.S.—with respect to its distribution of competences and the sovereignty attributed to EU law and institutions. But it is intergovernmental—that is, it preserves a center of gravity within the individual member states—with respect to the allocation of governmental …
Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby
Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Dr. Bonnie Colby, Department of Agriculture & Resource Economics, University of Arizona
34 slides
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
University of Miami Inter-American Law Review
No abstract provided.
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
Federalism, The Judiciary, And Constitutional Adjudication In Argentina: A Comparison With The U.S. Constitutional Model, Alberto F. Garay
University of Miami Inter-American Law Review
No abstract provided.
Two Hundred Years Of Constitutionalism In The Americas: The Influence Of The United States Constitution On The Legal Systems Of The Americas-A Canadian Perspective, John D. Richard
University of Miami Inter-American Law Review
No abstract provided.