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Articles 1 - 22 of 22

Full-Text Articles in Law

Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman Dec 2006

Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman

William & Mary Bill of Rights Journal

No abstract provided.


Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post Oct 2006

Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post

William & Mary Law Review

This Article offers a detailed analysis of major Taft Court decisions involving prohibition, including Olmstead v. United States, Carroll v. United States, United States v. Lanza, Lambert v. Yellowley, and Tumey v. Ohio. Prohibition, and the Eighteenth Amendment by which it was constitutionally entrenched, was the result of a social movement that fused progressive beliefs in efficiency with conservative beliefs in individual responsibility and self-control.

During the 1920s the Supreme Court was a strictly "bone-dry"institution that regularly sustained the administrative and law enforcement techniques deployed by the federal government in its losing effort to prevent the manufacture and sale ...


Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow Oct 2006

Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow

Duke Law Journal

The New Orleans criminal justice system collapsed after Hurricane Katrina, resulting in a constitutional crisis. Eight thousand people, mostly indigent and charged with misdemeanors such as public drunkenness or failure to pay traffic tickets, languished indefinitely in state prisons. The court system shut its doors, the police department fell into disarray, few prosecutors remained, and a handful of public defenders could not meet with, much less represent, the thousands detained. This dire situation persisted for many months, long after the system should have been able to recover. We present a narrative of the collapse of the New Orleans area criminal ...


The Virtue Of Vagueness: A Defense Of South Dakota V. Dole, Reeve T. Bull Oct 2006

The Virtue Of Vagueness: A Defense Of South Dakota V. Dole, Reeve T. Bull

Duke Law Journal

No abstract provided.


Gonzales V. Raich; Federalism As A Casualty Of The War On Drugs, Ilya Somin Jul 2006

Gonzales V. Raich; Federalism As A Casualty Of The War On Drugs, Ilya Somin

Cornell Journal of Law and Public Policy

No abstract provided.


Popular Constitutionalism As Presidential Constitutionalism?, David L. Franklin Jun 2006

Popular Constitutionalism As Presidential Constitutionalism?, David L. Franklin

Chicago-Kent Law Review

This essay, which focuses on Larry Kramer's book The People Themselves, makes three points. First, although Kramer makes popular constitutionalism the conceptual centerpiece of his book, it's not at all clear what popular constitutionalism is. Kramer's work can be read to embody two very different versions of popular constitutionalism: a populist sensibility model and a departmentalist model. Second, whichever model Kramer has in mind, he has performed a valuable service by reminding us that the meaning of the Constitution is not identical to the doctrines the Supreme Court uses to implement that meaning. Third, popular constitutionalism in ...


Preempting The People: The Judicial Role In Regulatory Concurrency And Its Implications For Popular Lawmaking, Theodore W. Ruger Jun 2006

Preempting The People: The Judicial Role In Regulatory Concurrency And Its Implications For Popular Lawmaking, Theodore W. Ruger

Chicago-Kent Law Review

The phrase "popular constitutionalism" most commonly refers to the role of the public—or perhaps its elected representatives—in framing answers to particular substantive questions of constitutional interpretation. This essay explores a different aspect of the popular constitution of the United States, one that is indifferent to particular substantive questions but that forms the basic structure in which most lawmaking takes place. The United States is not merely a federal system but one with concurrent federalism, in which many issues are regulated by both state and federal governments. This norm of regulatory concurrency became entrenched in the twentieth century even ...


Circumventing The Supremacy Clause? Understanding The Constitutional Implications Of The United States' Treatment Of Treaty Obligations Through An Analysis Of The New York Convention, Amber A. Ward May 2006

Circumventing The Supremacy Clause? Understanding The Constitutional Implications Of The United States' Treatment Of Treaty Obligations Through An Analysis Of The New York Convention, Amber A. Ward

San Diego International Law Journal

The United States participation in treaties and other international agreements is becoming more necessary and an increasingly prevalent occurrence as a result of globalization. The rapid pace of technological innovation and more effective means of transportation have caused our world to shrink, making countries even more interconnected. The corresponding explosion of international business and commercial transactions has resulted in high levels of risk and uncertainty due to a complex mix of laws, monetary factors, politics and cultures that vary across countries. For global players, it has become essential to have international agreements that can mitigate the risks inherent in international ...


St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig Feb 2006

St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig

William & Mary Law Review

No abstract provided.


"Tucker's Rule": St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash Feb 2006

"Tucker's Rule": St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash

William & Mary Law Review

No abstract provided.


The Sec As A Lawmaker: Choices About Investor Protection In The Face Of Uncertainty, Donald C. Langevoort Jan 2006

The Sec As A Lawmaker: Choices About Investor Protection In The Face Of Uncertainty, Donald C. Langevoort

Washington University Law Review

A problem that has dominated much of recent corporate legal scholarship is one of political economy: what drives (and constrains) the production of corporate law? As used here, “corporate law” refers to the body of regulation dealing with the allocation of power, rights, and
responsibilities relating to management and control of the corporation—a rough description that includes many of the disclosure-related demands of federal securities regulation. My paper will look at the portion of corporate-securities law that is produced by the Securities and Exchange Commission (SEC). Put simply, what drives and constrains the SEC as a
federal corporate lawmaker?


Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies Jan 2006

Reflections On Bush V. Gore: The Role Of The United States Supreme Court, David Boies

Florida A & M University Law Review

No abstract provided.


Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick M. Garry Jan 2006

Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick M. Garry

Kentucky Law Journal

No abstract provided.


Countermajoritarian Federalism, Thomas H. Lee Jan 2006

Countermajoritarian Federalism, Thomas H. Lee

Fordham Law Review

No abstract provided.


Justice Stevens's Theory Of Interactive Federalism, Robert A. Schapiro Jan 2006

Justice Stevens's Theory Of Interactive Federalism, Robert A. Schapiro

Fordham Law Review

No abstract provided.


Fighting Federalism With Federalism: If It's Not Just A Battle Between Federalists And Nationalists, What Is It?, David J. Barron Jan 2006

Fighting Federalism With Federalism: If It's Not Just A Battle Between Federalists And Nationalists, What Is It?, David J. Barron

Fordham Law Review

No abstract provided.


Judicial Oversight In Two Dimensions: Charting Area And Intensity In The Decisions Of Justice Stevens, Allison Marston Danner, Adam Marcus Samaha Jan 2006

Judicial Oversight In Two Dimensions: Charting Area And Intensity In The Decisions Of Justice Stevens, Allison Marston Danner, Adam Marcus Samaha

Fordham Law Review

No abstract provided.


The Commerce Clause And Federal Abortion Law: Why Progressives Might Be Tempted To Embrace Federalism, Jordan Goldberg Jan 2006

The Commerce Clause And Federal Abortion Law: Why Progressives Might Be Tempted To Embrace Federalism, Jordan Goldberg

Fordham Law Review

No abstract provided.


Cafa And Erie: Unconstitutional Consequences?, Justin D. Forlenza Jan 2006

Cafa And Erie: Unconstitutional Consequences?, Justin D. Forlenza

Fordham Law Review

No abstract provided.


Federalism As Westphalian Liberalism, Roderick M. Hills, Jr. Jan 2006

Federalism As Westphalian Liberalism, Roderick M. Hills, Jr.

Fordham Law Review

No abstract provided.


From States' Rights Blues To Blue States' Rights: Federalism After The Rehnquist Court, Kathleen M. Sullivan Jan 2006

From States' Rights Blues To Blue States' Rights: Federalism After The Rehnquist Court, Kathleen M. Sullivan

Fordham Law Review

No abstract provided.


Federalism, Peter H. Schuck Jan 2006

Federalism, Peter H. Schuck

Case Western Reserve Journal of International Law

No abstract provided.