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Full-Text Articles in Law
Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K.K. Duvivier
Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Ballot initiatives are generally seen as a local phenomenon, and consequently have rarely been examined from an international perspective. Thus, the subcategory of international environmental initiatives is small. However, in the last thirty years, the use of ballot initiatives has increased in the United States. 17 With the expanding globalization of society, more and more ballot initiatives may have an impact on international environmental issues. Some of these international environmental ballot initiatives will pass and may become enforceable laws. Others may be invalidated if they are preempted, either by federal laws or by the federal government's control over the field …
Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman
Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman
Journal Articles
This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between the Civil War and World War II by identifying ways in which that jurisprudence was structurally related to and accordingly deeply influenced by the categories of substantive due process and dormant Commerce Clause doctrine. Antecedent dormant Commerce Clause jurisprudence set the terms within which Commerce Clause doctrine was worked out; coordinate developments in substantive due process doctrine set limits upon the scope of Commerce Clause formulations and thus played a critical and underappreciated role in maintaining the federal equilibrium. The subsequent erosion of those due process limitations vastly …