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Articles 1 - 10 of 10
Full-Text Articles in Law
Dialogic Defense Of Alden, Jay Tidmarsh
Federalism's Old Deal: What's Right And Wrong With Conservative Judicial Activism, Peter M. Shane
Federalism's Old Deal: What's Right And Wrong With Conservative Judicial Activism, Peter M. Shane
Villanova Law Review
No abstract provided.
Moving The Climate Change Debate From Models To Proposed Legislation: Lessons From State Experience, John C. Dernbach
Moving The Climate Change Debate From Models To Proposed Legislation: Lessons From State Experience, John C. Dernbach
John C. Dernbach
This Article assesses the relationship between state climate change mitigation measures and potential national climate change legislation. It describes and evaluates eleven different legal and policy tools being employed by states. These are: customer choice of electricity providers, environmental labeling requirements for electricity sources, building codes requiring energy efficiency, demand-side management, system benefit charges, cap-and-trade programs, tax credits, net metering, planning and siting preferences for renewable energy facilities, CO2 limits for new power plants, and renewable energy portfolio standards. Two broad conclusions emerge from this analysis. First, these tools have considerable potential to reduce greenhouse gas emissions. They achieve reductions …
Comparing The Scope Of The Federal Government’S Authority To Prosecute Federal Corruption And State And Local Corruption: Some Surprising Conclusions And A Proposal, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
Faculty Scholarship
No abstract provided.
Collecting Child Support: A History Of Federal And State Initiatives, Naomi R. Cahn, Jane C. Murphy
Collecting Child Support: A History Of Federal And State Initiatives, Naomi R. Cahn, Jane C. Murphy
GW Law Faculty Publications & Other Works
In this article we sketch an overview of the increasing federal involvement in the child-support area. Because the federal role has grown so dramatically over the past 25 years, family law practitioners need to understand the different federal programs and requirements that affect state management of child-support programs. While for many low-income parents state agencies handle child-support establishment and collection, the federalization of child support has practical implications when it comes to both establishing and enforcing child support. For example, as the time limits of the Personal Responsibility and Work Opportunity Reconciliation Act begin to have their effects, child support …
Bill 11, The Canada Health Act And The Social Union: The Need For Institutions, Sujit Choudhry
Bill 11, The Canada Health Act And The Social Union: The Need For Institutions, Sujit Choudhry
Osgoode Hall Law Journal
This article argues that the debate over the future of Medicare has been dominated by financial considerations at the expense of an examination of the place of supervisory institutions in the health care system. Supervisory institutions will be of central importance to the future of Medicare because any future system will include some national standards, which, to be effective, must be interpreted, applied and enforced by institutions of some kind. This article focuses on two specific institutional questions: the dismal record of federal enforcement of the existing national standards of the Canada Health Act, and the pressing need for dispute-settlement …
Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn
Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn
All Faculty Scholarship
In this article we sketch an overview of the increasing federal involvement in the child-support area. Because the federal role has grown so dramatically over the past 25 years, family law practitioners need to understand the different federal programs and requirements that affect state management of child-support programs. While for many low-income parents state agencies handle child-support establishment and collection, the federalization of child support has practical implications when it comes to both establishing and enforcing child support. For example, as the time limits of the Personal Responsibility and Work Opportunity Reconciliation Act begin to have their effects, child support …
Globalization And Federalism In A Post-Printz World, Mark V. Tushnet
Globalization And Federalism In A Post-Printz World, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Article uses the recent Supreme Court decision in Crosby v. National Foreign Trade Council as the vehicle for examining the way in which the U.S. constitutional law of federalism might be responding to globalization. Part II develops the argument that globalization as such has no strong implications for domestic constitutional law. The remainder of the Article examines the U.S. constitutional response to the aspect of globalization revealed in Crosby, and argues that the Court's decision in Crosby is in tension with its other federalism decisions. But, the Article argues, that tension arises not from the fact that Crosby arises …