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Full-Text Articles in Law
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Faculty Scholarship
Discussions about the allocation of authority between federal and subfederal systems in the implementation of international human rights law typically proceed by staking out one of two initial positions. At one end of the spectrum, a traditional constitutional theory takes a restrictive view of state and local authority, envisioning hierarchical imposition of federally implemented international law norms through the federal treaty power and determination of customary international law by federal courts. At the other end of the spectrum, a revisionist theory assumes greater fragmentation and authority reserved to the states based on federalism and separation of powers limits on federal …
The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles
The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
When Can A State Be Sued?, William W. Van Alstyne
When Can A State Be Sued?, William W. Van Alstyne
Faculty Scholarship
In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by a five-to-four …
The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky
The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.