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Articles 1 - 8 of 8
Full-Text Articles in Law
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Federalism And Formalism, Allison H. Eid
Federalism And Formalism, Allison H. Eid
William & Mary Bill of Rights Journal
Many commentators have criticized the Supreme Court's New Federalism decisions as "excessively formalistic. " In this Article, Professor Eid argues that this "standard critique" is wrong on both a descriptive and normative level. Descriptively, she argues that the standard critique mistakenly downplays the extent to which the New Federalism decisions consider the values that federalism serves, and contends that they employ the same sort of formalism/functionalism blend that is found in the Court's separation of powers jurisprudence. Professor Eid then contends that the standard critique's normative prescription - a case-by-case balancing test that would weigh the federal interest against the …
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
William & Mary Law Review
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the United States Constitution. This reconciliation, however, is unavailable for state courts, which, by …
Federalism, U.S. Style, James S. Heller
Federalism, U.S. Style, James S. Heller
Library Staff Publications
No abstract provided.
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Faculty Publications
No abstract provided.
Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie
Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Vectoral Federalism, Scott Dodson
Vectoral Federalism, Scott Dodson
Faculty Publications
In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups.Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps to …