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Full-Text Articles in Law
Whose Ox Is Being Gored? When Attitudinalism Meets Federalism, Michael C. Dorf
Whose Ox Is Being Gored? When Attitudinalism Meets Federalism, Michael C. Dorf
Michael C. Dorf
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 …
Instrumental And Non-Instrumental Federalism, Michael C. Dorf
Instrumental And Non-Instrumental Federalism, Michael C. Dorf
Michael C. Dorf
No abstract provided.
The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf
The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf
Michael C. Dorf
No abstract provided.
No Federalists Here: Anti-Federalism And Nationalism On The Rehnquist Court, Michael C. Dorf
No Federalists Here: Anti-Federalism And Nationalism On The Rehnquist Court, Michael C. Dorf
Michael C. Dorf
No abstract provided.