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American University Washington College of Law

Federalism

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Guns N' Ganja: How Federalism Criminalizes The Lawful Use Of Marijuana, Ira P. Robbins Jan 2018

Guns N' Ganja: How Federalism Criminalizes The Lawful Use Of Marijuana, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

Federalism is a vital tenet of our Republic. Although federal law is the supreme law of the land, our Constitution recognizes the integral role that state law plays in the national scheme. Like any pharmaceutical drug that withstands rounds of clinical testing, state law functions as a laboratory in which Congress can evaluate and potentially adopt novel policies on a nation-wide basis. Most of the time, federal and state law exist harmoniously, complementing one another; other times, however, the two systems clash, striking a dissonant chord.

In the United States, state marijuana laws are currently on a crash course with …


The Perils And Possibilities Of Refugee Federalism, Burch Elias Jan 2017

The Perils And Possibilities Of Refugee Federalism, Burch Elias

American University Law Review

No abstract provided.


Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost Jan 2015

Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost

Articles in Law Reviews & Other Academic Journals

The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear. Although most state courts now take the conventional approach, a few contend that they are obligated to follow the lower federal courts, and two federal courts of appeals have declared that their decisions are binding on state courts. The Constitution’s text and structure send mixed messages about the relationship between state and lower federal courts, and the Supreme Court has never squarely …


Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer Jun 2004

Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer

American University Law Review

No abstract provided.


Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent Oct 2003

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent

American University Law Review

No abstract provided.


Enforcement Of Federal Rights Against States: Alden And Federalism Non-Sense , Daan Braveman Feb 2000

Enforcement Of Federal Rights Against States: Alden And Federalism Non-Sense , Daan Braveman

American University Law Review

No abstract provided.


Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins Jan 1978

Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser Jan 1977

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Articles in Law Reviews & Other Academic Journals

No abstract provided.