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Full-Text Articles in Law
Three Faces Of Federalism: Finding A Formula For The Future, Deborah J. Merritt
Three Faces Of Federalism: Finding A Formula For The Future, Deborah J. Merritt
Vanderbilt Law Review
The first, and oldest, of the Supreme Court's concepts of federalism is the territorial model. This model recognizes that there is a discernible boundary between the subjects fit for national regulation and those reserved for state governance. Territorialists argue that the national government is supreme in some areas, while states reign sovereign in others. Adherents of this model, for example, might declare that the national government directs foreign affairs while the states control domestic relations.
Under the territorial model, federalism violations occur when the national government attempts to invade a substantive area of law reserved to the states. The Supreme …
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Vanderbilt Law Review
In 1987, I published an overly long article in the Yale Law Journal entitled Of Sovereignty and Federalism. In it, I advanced a "converse-1983" model of federalism-a model that highlighted the ways in which state laws can provide remedies when federal officials violate federal constitutional rights. For example, prior to the 1971 landmark of Bivens v. Six Unknown Federal Agents, citizens whose Fourth Amendment rights had been violated by federal officers had no clear federal cause of action; but state trespass law often provided a remedy, and enabled citizens to recover when their "persons, houses, papers, [or] effects" had been …
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.
Rehabilitating Federalism, Erwin Chemerinsky
Rehabilitating Federalism, Erwin Chemerinsky
Michigan Law Review
A Review of To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer
The Electoral College And The Constitution : The Case For Preserving Federalism, Robert M. Hardaway
The Electoral College And The Constitution : The Case For Preserving Federalism, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This study examines how the Electoral College actually works, how it is supposed to work, and how it might be reformed. Robert Hardaway first looks at the Constitutional Convention, the Twelfth Amendment, and historical elections where the Electoral College has come into play, providing the historical background to the present-day College.
Initiative Enigmas, Richard Collins