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Co-Managers? The Need For Clarification Regarding State And Federal Powers In Federal Elections, Amber Mccomas Dec 2023

Co-Managers? The Need For Clarification Regarding State And Federal Powers In Federal Elections, Amber Mccomas

Journal of the National Association of Administrative Law Judiciary

This article argues that the Court needs to clarify the distinction between the state and federal government’s roles in federal elections to avoid chaos and unconstitutional overreach. As a part of this clarification, the Court should also clarify how information is deemed “necessary.” This article looks specifically at one potential consideration: public fears regarding election security. Data and logic indicate that such fears should not be a consideration in the necessity determination as they are unreliable. Section II examines the background of the Election Assistance Commission, the applicable law, as well as criticism and support the agency has received since …


Constitutional Confidentiality, Natalie Ram, Jorge L. Contreras, Laura M. Beskow, Leslie E. Wolf Oct 2023

Constitutional Confidentiality, Natalie Ram, Jorge L. Contreras, Laura M. Beskow, Leslie E. Wolf

Washington and Lee Law Review

Federal Certificates of Confidentiality (“Certificates”) protect sensitive information about human research subjects from disclosure and use in judicial, administrative, and legislative proceedings at both the state and federal levels. When they were first authorized by Congress in the 1970s, Certificates covered sensitive information collected in research about drug addiction use. Today, however, they extend to virtually all personal information gathered by biomedical research studies. The broad reach of Certificates, coupled with their power to override state subpoenas and warrants issued in the context of law enforcement, abortion regulation, and other police powers typically under state control, beg the question whether …


Is History Repeating Itself? The Role Of The Supreme Court In Protecting Minority Rights, Alyssa Fox, Annabelle Crawford Apr 2023

Is History Repeating Itself? The Role Of The Supreme Court In Protecting Minority Rights, Alyssa Fox, Annabelle Crawford

Brigham Young University Prelaw Review

Throughout history, the role of the Supreme Court has been debated. Some individuals argue for strict interpretation of the Constitution, while others argue that the ideals of the Constitution should be prioritized. Landmark cases decided by the Supreme Court demonstrate the shift between the protection of state sovereignty and minority rights. This article argues that the Supreme Court is responsible to intervene on behalf of minority and historically-disadvantaged groups when their rights are threatened or infringed upon by state and federal governments.


Abortion Rights And Federalism: Some Lessons From The Nineteenth Century United States, Kate Masur Mar 2023

Abortion Rights And Federalism: Some Lessons From The Nineteenth Century United States, Kate Masur

ConLawNOW

The Dobbs decision, which gives states complete control over abortion laws, has unleashed conflicts that resemble the battles that arose when enslaved people fled slave states for free states, and enslavers, in turn, mobilized state and federal power to get them back. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has prompted frequent allusions to slavery and the antebellum United States. The history of those struggles reminds us of the corrosive impact of interstate conflict and of the importance of federal protections for freedom and individual rights. The history of the United States in the nineteenth century …


Free Market State (Of Mind): Antitrust Federalism, John J. Flynn And The Utah Constitution’S Free Market Clause, Jorge L. Contreras Feb 2023

Free Market State (Of Mind): Antitrust Federalism, John J. Flynn And The Utah Constitution’S Free Market Clause, Jorge L. Contreras

Utah Law Review

The Utah Constitution states that “[i]t is the policy of the state of Utah that a free market system shall govern trade and commerce in this state to promote the dispersion of economic and political power and the general welfare of all the people.” Utah’s so-called Free Market Clause, adopted in 1992, is unique among the constitutions of the fifty states. Through an excavation of the historical record and contemporary literature, this Article shows that the Free Market Clause owes its existence to the influence of Professor John J. Flynn of the University of Utah, whose pioneering work on antitrust …