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Articles 1 - 16 of 16
Full-Text Articles in Law
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Faculty Articles
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …
The Economic Causes And Consequences Of Constitutional Reform In Eastern Europe, Robert C. Juelke
The Economic Causes And Consequences Of Constitutional Reform In Eastern Europe, Robert C. Juelke
William & Mary Law Review
No abstract provided.
Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein
Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein
All Faculty Scholarship
No abstract provided.
"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
The Public Square And The Jew As Religious Other, Sheldon Nahmod
The Public Square And The Jew As Religious Other, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte
Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte
Harry L Witte
No abstract provided.
The 1990 Federal "Fallback" Statute Of Limitations: Limitations By Default, Katharine F. Nelson
The 1990 Federal "Fallback" Statute Of Limitations: Limitations By Default, Katharine F. Nelson
Katharine F. Nelson
No abstract provided.
A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber
A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber
Faculty Scholarship
No abstract provided.
Rights As Trumps, Dan T. Coenen
Rights As Trumps, Dan T. Coenen
Scholarly Works
In this essay, I question Professor Fallon's strong rejection of the notion that "rights are trumps" by making four points. First, rights are trumps in the single, but important, sense that they preclude the exercise of powers granted to government by the constitutional text. Second, rights sometimes operate as trumps on governmental powers in the very purse sense that they cut off all consideration of governmental interests. Third, even when the Court considers government interests in dealing with rights, it often does so on such a restricted basis that the description of rights as "trumps" remains accurate. Finally, even accepting …
The Constitutional Right To Defense Experts, Paul C. Giannelli
The Constitutional Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach
Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article reviews the historical tradition in which the common law core of nuisance has been the frequent subject of statutory additions and refinements, providing most of our modern law of land use and environmental protection. Until Lucas, the Takings Clause had not been treated as a charter establishing the courts as boards of revision to rethink and selectively veto legislative determinations in the land use field. Within the scope of “total takings,” however, Lucas has converted the Takings Clause from its original meaning and made it exactly that.
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This Article examines the diversion of the Takings Clause from its historic limited role to that of a charter for courts to second-guess legislative determinations of land-use rights and wrongs. As we shall see, prior to Lucas the Supreme Court and others following its lead have generally not regarded the Takings Clause as a warrant for reaching de novo determinations on land use problems and then substituting such judicial determinations, if different, for those of the legislature. Some notable exceptions in the Claims Court and Federal Circuit will then be considered along with the ostensible Supreme Court authority, a sentence …
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky
James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky
Faculty Articles
Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.
Constitutional Law--First Amendment--No Constitutional Right To Vote For Donald Duck: The Supreme Court Upholds The Constitutionality Of Write-In Voting Bans In Burdick V. Takushi, Jeanne M. Kaiser
Faculty Scholarship
This Note examines the Supreme Court decision in Burkick v. Takushi in detail and questions the Court's conclusion that the voters' interest in casting write-in votes is so slight that write-in bans are presumptively valid. The Note concludes that the Burdick decision is both inconsistent with the Court's previous ballot access jurisprudence, and restricts the electoral process at a time when voters are clamoring for more diverse choices in the voting booth. Section I of this Note briefly reviews a number of cases that considered the constitutionality of legislation governing candidate access to election ballots. The ballot access cases are …
Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield
Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield
Kent Greenfield
No abstract provided.