Law Commons^™

Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells

Scholarly Works

Suppose a federal district court faces a challenge to state action that presents an unsettled issue of state law, a federal constitutional issue, and a plaintiff who will be irreparably harmed if the state is not immediately enjoined. May the court abstain from a decision on the merits, remand the case to the state courts for resolution of the state law issue, and yet grant a preliminary injunction against the challenged state action? Does it follow from the paucity of reported opinions coupling such interim relief with abstention that such a procedure is inconsistent with the policies underlying the abstention …

State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein

Scholarly Works

The Supreme Court's decisions delineating the constitutional limitations on state tax power have often defied rational analysis. The Court read the commerce clause as forbidding a state tax on the privilege of doing interstate business but not on the privilege of doing interstate business in corporate form. It construed the import-export clause as prohibiting a state tax on bales of imported hemp awaiting use in manufacturing but not on piles of imported ore and plywood awaiting such use. It interpreted the supremacy clause as barring a state tax upon the sale of goods to one government contractor but not to …

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.

National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman

University of Michigan Journal of Law Reform

In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.

Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …

Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).

Canada In Question: Federalism In The Seventies, David Covert

Dalhousie Law Journal

Canada in Question is an apt title for D. V. Smiley's book discussing federalism in the seventies and the future of the Canadian federalist system. In this second edition, not only does he incorporate recent developments but he expands and re-casts several chapters in order to provide the reader with a more comprehensive coverage of the Canadian federal system. Smiley, in the first seven chapters, deals almost exclusively with the structures and processes of Canadian federalism, whereas the final three chapters are devoted to what he terms a more "speculative analysis of the relations between these structures and processes" (p. …