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State and Local Government Law

University at Buffalo School of Law

Series

2002

Articles 1 - 3 of 3

Full-Text Articles in Law

State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner Mar 2002

State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner

Journal Articles

In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the U.S. Constitution. But this reconciliation is unavailable for state courts, which, by operation …


Has The Field Grown Too Complex For A State-Specific "Handbook" On Environmental Law? (Reviewing The Government Institute's South Carolina Environmental Law Handbook (3rd Ed. 2000)), Kim Diana Connolly Jan 2002

Has The Field Grown Too Complex For A State-Specific "Handbook" On Environmental Law? (Reviewing The Government Institute's South Carolina Environmental Law Handbook (3rd Ed. 2000)), Kim Diana Connolly

Book Reviews

No abstract provided.


The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner Jan 2002

The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner

Journal Articles

No abstract provided.