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Full-Text Articles in Law
Garcia V. San Antonio Metropolitan Transit Authority, Lewis F. Powell Jr
Garcia V. San Antonio Metropolitan Transit Authority, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
The Doctrine Of Conditional Preemption And Other Limitations On Tenth Amendment Restrictions, Ronald D. Rotunda
The Doctrine Of Conditional Preemption And Other Limitations On Tenth Amendment Restrictions, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Federalism And Supreme Court Review Of Expansive State Court Decisions: A Response To Unfortunate Impressions, David A. Schlueter
Federalism And Supreme Court Review Of Expansive State Court Decisions: A Response To Unfortunate Impressions, David A. Schlueter
Faculty Articles
This article addresses the Burger Supreme Court’s approach to federalism and concludes that the Court seems to be reordering federal-state judicial relations. This reordering appears to be occurring at the expense of both state autonomy and individual liberties, especially the rights of state criminal defendants.
Although there certainly have been cases which suggest the Burger Court has a lopsided federalism, upon thorough analysis of these cases, this determination is shown to be incorrect. In fact, the present Court greatly respects state autonomy and the independence of state courts. Further, the Supremacy Clause requires the Court to serve as final arbiter …