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Full-Text Articles in Law
Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld
Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld
Michigan Law Review
Two months ago, the Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), handing down its most important church-state decision, and one of its most important federalism decisions, in fifty years. Through RFRA, Congress had prohibited any state actor from "substantially burden[ing] a person's exercise of religion" unless imposing that burden was the "least restrictive means" of furthering "a compelling governmental interest." RFRA was a response to Employment Division, Department of Human Resources of Oregon v. Smith, in which the Supreme Court abandoned the very same compelling interest test that RFRA mandated. Smith, overturning decades-old precedent, held …
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Federalism And Investor Protection: Constitutional Restraints On Preemption Of State Remedies For Securities Fraud, Manning Gilbert Warren Iii
Law and Contemporary Problems
Warren discusses the Private Securities Litigation Reform Act and the National Securities Market Improvement Act, among other issues. Predominant federalism postulates foreclose the proposed intrusion into investors' tort remedies traditionally allowed by the states under common law.
Jack Rakove's Rendition Of Original Meaning, Raoul Berger
Jack Rakove's Rendition Of Original Meaning, Raoul Berger
Indiana Law Journal
No abstract provided.
Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky
Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky
Georgia State University Law Review
No abstract provided.
Federalism: The Argument From Article V, Lynn A. Baker
Federalism: The Argument From Article V, Lynn A. Baker
Georgia State University Law Review
No abstract provided.
Real Revolution, Robert F. Nagel
Real Revolution, Robert F. Nagel
Georgia State University Law Review
No abstract provided.
The Fundamentality And Irrelevance Of Federalism, Edward L. Rubin
The Fundamentality And Irrelevance Of Federalism, Edward L. Rubin
Georgia State University Law Review
No abstract provided.
Keeping Your Eye On The Ball: The Significance Of The Revival Of Constitutional Federalism, Mark Tushnet
Keeping Your Eye On The Ball: The Significance Of The Revival Of Constitutional Federalism, Mark Tushnet
Georgia State University Law Review
No abstract provided.
The Commerce Clause, Federalism And Environmentalism: At Odds After Olin?, Lydia B. Hoover
The Commerce Clause, Federalism And Environmentalism: At Odds After Olin?, Lydia B. Hoover
William & Mary Environmental Law and Policy Review
No abstract provided.
Interprovincial Sovereign Immunity Revisited, Janet Walker
Interprovincial Sovereign Immunity Revisited, Janet Walker
Osgoode Hall Law Journal
The conventional wisdom has been that the Canadian provincial Crowns are immune from the jurisdiction of the courts of other Canadian provinces just as they are immune from the jurisdiction of foreign courts. This reflects the old views that the provinces are like foreign countries for the purposes of the conflict of laws and that court jurisdiction over the Crown is purely a creature of statute. Recent recognition of the constitutional bases for court jurisdiction and the need to reassess conflict of laws rules in light of the principles of Canadian federalism invites us to revisit interprovincial sovereign immunity, especially …
United States V. Lopez And The Child Support Recovery Act Of 1992: Why A Nice Idea Must Be Declared A Casualty Of The Struggle To Save Federalism, Andrew M. Siff
Cornell Journal of Law and Public Policy
No abstract provided.
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
William & Mary Law Review
No abstract provided.
The States And International Human Rights, Peter J. Spiro
The States And International Human Rights, Peter J. Spiro
Fordham Law Review
No abstract provided.
The Little Train That Couldn't: Did The Pennsylvania Anti-Takeover Statute Fail To Protect Conrail From A Hostile Suitor?, David N. Hecht
The Little Train That Couldn't: Did The Pennsylvania Anti-Takeover Statute Fail To Protect Conrail From A Hostile Suitor?, David N. Hecht
Fordham Law Review
No abstract provided.
United States V. Lopez: Theoretical Bang And Practical Whimper? An Illustrative Analysis Based On Lower Court Treatment Of The Child Support Recovery Act, Sara L. Gottovi
United States V. Lopez: Theoretical Bang And Practical Whimper? An Illustrative Analysis Based On Lower Court Treatment Of The Child Support Recovery Act, Sara L. Gottovi
William & Mary Law Review
No abstract provided.