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Full-Text Articles in Law
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Publications
Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.
The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites …
Sanctuary Cities And The Power Of The Purse: An Executive Dole Test, Douglas M. Spencer
Sanctuary Cities And The Power Of The Purse: An Executive Dole Test, Douglas M. Spencer
Publications
A constitutional clash is brewing. Cities and counties are flexing their muscles to frustrate national immigration policy while the federal Executive is threatening to interfere with local law enforcement decision making and funding. Although the federal government generally has plenary authority over immigration law, the Constitution forbids the commandeering of state and local officials to enforce federal law against their will. One exception to this anti-commandeering principle is the Spending Clause of Article I that permits Congress to condition the receipt of federal funds on compliance with federal law. These conditions, according to more than 30 years of Supreme Court …
Same-Sex Marriage, Federalism, And Judicial Supremacy, Robert F. Nagel
Same-Sex Marriage, Federalism, And Judicial Supremacy, Robert F. Nagel
Publications
Justice Kennedy's opinion in United States v. Windsor is characterized by a number of strained and wavering constitutional claims. Prominent among these is the argument that the principle of federalism calls into question the congressional decision to adopt the traditional definition of marriage, which the state of New York rejected. An examination of earlier federalism cases demonstrates that Kennedy's appreciation for federalism is in fact severely limited and suggests and that his lax use of legal authority is directly if perversely related to this limited appreciation.
Federalism cases prior to Windsor show that Justice Kennedy supports state authority only when …
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
Publications
What can the new federalism teach us about what is happening in immigration law? The changing relationship of federal-state government in the regulation of immigrants has led to the creation of “immigration federalism” as a field of scholarship. Most of this scholarly attention has been directed at resisting restrictionist legislation that encourages vigorous law enforcement against undocumented immigrants. The scholarly tilt is especially pronounced since the Supreme Court recently struck down several provisions of S.B. 1070, Arizona’s restrictive law enforcement legislation. However, law enforcement is only one type of regulation, and the overwhelming focus on it skews the broader debate …
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
University of Colorado Law Review
No abstract provided.
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
University of Colorado Law Review
This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …
The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines
The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines
Publications
As the decline of Roe v. Wade inspires renewed efforts to restrict federal constitutional abortion rights, the serious shortcomings of abortion rights advocates' strategies for preserving such rights will become increasingly apparent. Continued reliance on Roe is likely to fail with an increasingly unsympathetic Supreme Court. Even abortion rights supporters have begun to criticize the decision for weak reasoning, which is difficult to remedy at this late stage of federal abortion jurisprudence. Moreover, although autonomy and gender equality arguments for abortion rights would improve upon Roe's privacy rationale, such arguments would require abrogating substantial precedent and are, therefore, of limited …
Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos
Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mike Chiropolos, Lands Program Director, Western Resource Advocates
44 slides
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
2 pages.
"Robert L. Fischman, Indiana University School of Law–Bloomington"
"Outline of Presentation"
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
6 pages.
"James May, Widener University School of Law" -- Agenda
Property Clause For The Twenty-First Century, John D. Leshy
Property Clause For The Twenty-First Century, John D. Leshy
University of Colorado Law Review
No abstract provided.
Nationalized Political Discourse, Robert F. Nagel
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Publications
No abstract provided.
Nineteenth-Century Orthodoxy, Richard B. Collins
The Term Limits Dissent: What Nerve, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
Publications
No abstract provided.
The Future Of Federalism, Robert F. Nagel
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
43 pages.
Contains references.
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Initiative Enigmas, Richard Collins
Book Review, Richard B. Collins
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Publications
No abstract provided.
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.