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Full-Text Articles in Law
The Undersea World Of Foreign Relations Federalism, Edward T. Swaine
The Undersea World Of Foreign Relations Federalism, Edward T. Swaine
GW Law Faculty Publications & Other Works
Uncertainty surrounds the field of foreign relations federalism. The Supreme Court has left lower courts to decide significant issues with little guidance, the Constitution provides little direct instruction, and the tension between national and state authority creates policy arguments on both sides based on uncertain conceptions on injury to these interests. Scholars should seize the opportunity to explore new functions and values for states in today’s globalized world.
Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner
Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner
GW Law Faculty Publications & Other Works
This article argues that the Supreme Court’s majority opinion in Davis v. Monroe County Board of Education did not do enough to explicitly assuage the dissenters’ concerns and aims to do so itself. Davis permitted liability for school districts that purposely ignore instances of student-on-student sexual harassment that deprived a student of the opportunity for education. The three issues raised by the dissent were federalism, whether the conduct at issue is sexual harassment, and First Amendment concerns about the aggressor’s speech being protected. In response, I argue that the majority opinion does not violate federalism principles, the harassment qualifies as …
Pennhurst, Chevron, And The Spending Power, Peter J. Smith
Pennhurst, Chevron, And The Spending Power, Peter J. Smith
GW Law Faculty Publications & Other Works
Under Pennhurst, a court may conclude that Congress has imposed a condition on the grant of federal funds to a state recipient only if Congress unambiguously expressed its intent to do so; under Chevron, the existence of statutory ambiguity with respect to a particular issue requires the reviewing court to defer to a reasonable agency interpretation of the ambiguous statutory language. What, then, should a court do when the terms of a federal-state grant program's condition are not fully elaborated in the statute and when the agency charged with enforcing the statute has issued regulations that purport to define the …