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Articles 1 - 15 of 15

Full-Text Articles in Law

Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld Aug 1997

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 Jul 1997

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 Jul 1997

Jack Rakove's Rendition Of Original Meaning, Raoul Berger

Indiana Law Journal

No abstract provided.


Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky Jul 1997

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 Jul 1997

Federalism: The Argument From Article V, Lynn A. Baker

Georgia State University Law Review

No abstract provided.


Real Revolution, Robert F. Nagel Jul 1997

Real Revolution, Robert F. Nagel

Georgia State University Law Review

No abstract provided.


The Fundamentality And Irrelevance Of Federalism, Edward L. Rubin Jul 1997

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 Jul 1997

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 Jun 1997

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 Apr 1997

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 Apr 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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.