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Cornell Law Faculty Publications

Series

2007

Federalism

Articles 1 - 2 of 2

Full-Text Articles in Law

Whose Ox Is Being Gored? When Attitudinalism Meets Federalism, Michael C. Dorf Apr 2007

Whose Ox Is Being Gored? When Attitudinalism Meets Federalism, Michael C. Dorf

Cornell Law Faculty Publications

Empirical research indicates that factors such as an individual Justice's general political ideology play a substantial role in the decision of Supreme Court cases. Although this pattern holds in federalism cases, views about the proper allocation of authority between the state and federal governments - independent of whether the particular outcome in any given case is "liberal" or "conservative" - can sometimes be decisive, as demonstrated by the 2005 decision in Gonzales v. Raich, in which "conservative" Justices voted to invalidate a strict federal drug provision in light of California's legalization of medical marijuana, and "liberal" Justices voted to uphold …


The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise Jan 2007

The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise

Cornell Law Faculty Publications

No abstract provided.