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Constitutional Law

Selected Works

Selected Works

2011

Federalism

Articles 1 - 4 of 4

Full-Text Articles in Law

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz Jun 2011

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

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Federal Governmental Power: Preemption From The October 2008 Term (Twenty-First Annual Supreme Court Review & Selected Excerpts: Practicing Law Institutes Twenty-Sixth Annual Section 1983 Civil Rights Litigation Program), Eileen Kaufman Mar 2011

Federal Governmental Power: Preemption From The October 2008 Term (Twenty-First Annual Supreme Court Review & Selected Excerpts: Practicing Law Institutes Twenty-Sixth Annual Section 1983 Civil Rights Litigation Program), Eileen Kaufman

Eileen Kaufman

No abstract provided.

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Models Of Subnational Constitutionalism, Jonathan Marshfield Dec 2010

Models Of Subnational Constitutionalism, Jonathan Marshfield

Jonathan Marshfield

This article considers an overlooked issue of constitutional design. Some federal systems decentralize law-making and administrative power without allowing subnational governments to adopt their own constitutions that structure or limit subnational power. Other federal systems allow subnational units some discretion in structuring and limiting their powers by adopting subnational constitutions. Although scholars and constitution-makers have developed various theories regarding the utilities of decentralizing law-making and administrative powers, they have not separately considered the utilities or normative justifications for decentralizing constitutional choices. This Article takes up that important but neglected question. The goal is to move towards a systematization and critical …

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The Politics Of Divestment, Perry S. Bechky Dec 2010

The Politics Of Divestment, Perry S. Bechky

Perry S. Bechky

In the Sudan Accountability and Divestment Act (‘SADA’) of 2007, Congress authorized state governments to divest from businesses investing in Sudan. Congress took this unprecedented step in the face of objections from the Bush Administration and the business community that state divestment intrudes unconstitutionally into the exclusive foreign-relations prerogatives of the federal government. SADA would be remarkable enough if it allowed state divestment while adhering to a dualist conception of federalism. This paper explores the possibility that SADA and its progeny – the Comprehensive Iran Sanctions, Accountability, and Divestment Act (‘CISADA’) of 2010 – may signal the emergence of a …

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