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Full-Text Articles in Law

Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson Jan 2009

Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson

Book Chapters

American government is an experiment in redundancy, with powers and duties shared among federal, state, and local decision makers. The arrangeĀ­ment is designed to divide power, maximize self-rule, and foster innovation, but it also can breed confusion. In the areas of public safety and environĀ­mental protection, state and federal leaders (to name the two most active players in these disputes) are often seen jockeying for the inside track, hoping to secure the resources or authority needed to promote their views of the public good or gain politically. To outside observers, the best outcomes are not obvious. For example ...


Securities Law And The New Deal Justices, Adam C. Pritchard, Robert B. Thompson Jan 2009

Securities Law And The New Deal Justices, Adam C. Pritchard, Robert B. Thompson

Articles

In this Article, we explore the role of the New Deal Justices in enacting, defending, and interpreting the federal securities laws. Although we canvass most of the Court's securities law decisions from 1935 to 1955, we focus in particular on PUHCA, an act now lost to history for securities practitioners and scholars. At the time of the New Deal, PUHCA was the key point of engagement for defining the judicial view toward New Deal securities legislation. Taming the power of Wall Street required not just the concurrence of the legislative branch, but also the Supreme Court, a body that ...