Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
"It's Not Easy Being Green": Local Initiatives, Preemption Problems, And The Market Participant Exception, Michael Burger
"It's Not Easy Being Green": Local Initiatives, Preemption Problems, And The Market Participant Exception, Michael Burger
Sabin Center for Climate Change Law
This Article considers whether the market participant exception should be interpreted to exempt local climate change and sustainability initiatives from the "ceilings" imposed by existing environmental laws and pending federal climate change legislation. In the decades-long absence of federal action on climate change, local governments – along with the states – positioned themselves at the forefront of climate change and sustainability planning. In fact, state and local actions account for most of the nation's greenhouse gas reduction efforts to date. Yet, front-running localities are being limited by a preemption doctrine that fails to account for both the motives behind their …
On The Constitutionality Of Health Care Reform, Barak D. Richman
On The Constitutionality Of Health Care Reform, Barak D. Richman
Faculty Scholarship
This commentary describes the legal challenges to the Patient Protection and Affordable Care Act.
Collective Action Federalism: A General Theory Of Article I, Section 8, Neil S. Siegel, Robert D. Cooter
Collective Action Federalism: A General Theory Of Article I, Section 8, Neil S. Siegel, Robert D. Cooter
Faculty Scholarship
The Framers of the United States Constitution wrote Article I, Section 8 in order to address some daunting collective action problems facing the young nation. They especially wanted to protect the states from military warfare by foreigners and from commercial warfare against one another. The states acted individually when they needed to act collectively, and Congress lacked power under the Articles of Confederation to address these problems. Section 8 thus authorized Congress to promote the “general Welfare” of the United States by tackling many collective action problems that the states could not solve on their own.
Subsequent interpretations of Section …
What Does It Take To Make A Federal System? On Constitutional Entrenchment, Separate Spheres, And Identity, Ernest A. Young
What Does It Take To Make A Federal System? On Constitutional Entrenchment, Separate Spheres, And Identity, Ernest A. Young
Faculty Scholarship
No abstract provided.