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Articles 1 - 30 of 32
Full-Text Articles in Law
Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black's White Lectures, Richard C. Boldt
Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black's White Lectures, Richard C. Boldt
Faculty Scholarship
Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the central government relative to those retained by the states. The competing approaches, one reliant on a formalist enumeration of permissible powers, the other operating functionally on the basis of a broad dynamic concept of state incompetence and national interest, often are presented as mutually inconsistent narratives. In fact, these two approaches …
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Faculty Scholarship
After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, …
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Book Gallery
This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.
The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …
The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout
The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout
Schmooze 'tickets'
This Essay explores the ideological underpinnings of the modern Supreme Court’s election law decisions, arguing that the Court does not have a strong commitment to federalism or to unfettered debate or to the mistrustful citizen. Instead, the opinions reveal a complacency about corruption and a narrow view of the role of citizens. The Essay is part of a volume on neoliberalism for Law and Contemporary Problems.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Book Gallery
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Faculty Scholarship
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
The Patient Process And Affordable Care Act Of 2010: Implementation Challenges In The Context Of Federalism, Robert F. Rich, Eric Cheung, Robert Lurvey
The Patient Process And Affordable Care Act Of 2010: Implementation Challenges In The Context Of Federalism, Robert F. Rich, Eric Cheung, Robert Lurvey
Journal of Health Care Law and Policy
No abstract provided.
Federalism's Global Generality, Charlton C. Copeland
Federalism's Global Generality, Charlton C. Copeland
Schmooze 'tickets'
No abstract provided.
Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly
Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly
Student Articles and Papers
Stewart v. M’Intosh was argued during the time period of the Jay Treaty, the Quasi-War, the Haitian Revolution, and the War of 1812. The facts begin at the end of the 18th century and extend into the early 19th century. The arguments and ruling were based on trade restrictions between United States citizens and territories under French control. The plaintiffs focused their arguments on the specific language of the Congressional acts, which outlawed trade with French territories but did not directly mention the regions at issue, while the defendants looked at the implications of the acts and the …
Chamber Of Commerce Of U.S. V. Whiting: The Possibility Of Anti-Discriminatory Immigration Reform In An Era Of Resurgent Federalism, Keelan Diana
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan
Maryland Law Review
No abstract provided.
Sarbanes-Oxley, Corporate Federalism, And The Declining Significance Of Federal Reforms On State Director Independence Standards, Lisa M. Fairfax
Sarbanes-Oxley, Corporate Federalism, And The Declining Significance Of Federal Reforms On State Director Independence Standards, Lisa M. Fairfax
Faculty Scholarship
Commentators have argued that the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley” or the “Act”) raises federalism concerns because it regulates the internal affairs of a corporation, including the composition of, and qualifications for, corporate boards, in a manner traditionally reserved to states. This Article responds to those claims, arguing that the Act reflects a relatively minimal intrusion into state law, particularly with regard to issues of director independence. This Article further argues that the Act’s failure to disturb state law on these issues may impede its ability to tighten director independence standards and by extension may undermine its ability to improve …
Promise And Perils Of State-Based Road To Universal Health Insurance In The U.S., Carol S. Weissert
Promise And Perils Of State-Based Road To Universal Health Insurance In The U.S., Carol S. Weissert
Journal of Health Care Law and Policy
No abstract provided.
Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor
Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
Maryland Law Review
No abstract provided.
Biodiversity Federalism, A. Dan Tarlock
Symposium - Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival
Symposium - Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival
Maryland Law Review
No abstract provided.
Federalism In Wetlands Regulation: A Consideration Of Delegation Of Clean Water Act Section 404 And Related Programs To The States, Oliver A. Houck, Michael Rolland
Federalism In Wetlands Regulation: A Consideration Of Delegation Of Clean Water Act Section 404 And Related Programs To The States, Oliver A. Houck, Michael Rolland
Maryland Law Review
No abstract provided.
The Practice Of Federalism Under The Clean Air Act, John P. Dwyer
The Practice Of Federalism Under The Clean Air Act, John P. Dwyer
Maryland Law Review
No abstract provided.
Our Federalism, Our Hazardous Waste, And Our Good Fortune
Our Federalism, Our Hazardous Waste, And Our Good Fortune
Maryland Law Review
No abstract provided.
Limitations On State Agency Authority To Adopt Environmental Standards More Stringent Than Federal Standards: Policy Considerations And Interpretive Problems, Jerome M. Organ
Maryland Law Review
No abstract provided.
The Inadequacies Of Congressional Attempts To Legislate Federal Facility Compliance With Environmental Requirements, Melinda R. Kassen
The Inadequacies Of Congressional Attempts To Legislate Federal Facility Compliance With Environmental Requirements, Melinda R. Kassen
Maryland Law Review
No abstract provided.
A Comparison Of Environmental Federalism In The United States And The European Union, Clíona J.M. Kimber
A Comparison Of Environmental Federalism In The United States And The European Union, Clíona J.M. Kimber
Maryland Law Review
No abstract provided.
A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young
A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young
Maryland Law Review
No abstract provided.
Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell
Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell
Maryland Law Review
No abstract provided.
Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas
Maryland Law Review
No abstract provided.
On The Topology Of Uniform Environmental Standards In A Federal System - And Why It Matters, James E. Krier
On The Topology Of Uniform Environmental Standards In A Federal System - And Why It Matters, James E. Krier
Maryland Law Review
No abstract provided.
Federalism Issues Related To The Probable Emergence Of The Toxic Substances Control Act, Jim Florio
Federalism Issues Related To The Probable Emergence Of The Toxic Substances Control Act, Jim Florio
Maryland Law Review
No abstract provided.
Board Of Trustees V. City Of Baltimore: Public Pension Fund Divestment Of South African Securities Upheld, Garrett M. Smith
Board Of Trustees V. City Of Baltimore: Public Pension Fund Divestment Of South African Securities Upheld, Garrett M. Smith
Maryland Law Review
No abstract provided.
Federalism Disserved: The Drive For Deregulation, William C. Banks, Kirk M. Lewis
Federalism Disserved: The Drive For Deregulation, William C. Banks, Kirk M. Lewis
Maryland Law Review
No abstract provided.