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Full-Text Articles in Law

Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins Sep 2019

Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins

Neal E. Devins

No abstract provided.


A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen Jan 2019

A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen

Dickinson Law Review (2017-Present)

President Trump’s executive order rescinding federal funds from “sanctuary jurisdictions” has brought a critical, but overlooked, question of constitutional law to the forefront of the political debate: how does the Spending Clause apply to local governments? The purpose of the Spending Clause is to empower the federal government to bargain with the states to enact policies it cannot enact itself. This power, however, is constrained within the confines of federalism. The Supreme Court has sought to restrict the Spending Clause by crafting the Dole-NFIB framework, a test to determine whether a federal grant has compromised federalism. At its …


The Role Of Fault In Sec. 1983 Municipal Liability, Michael L. Wells Jan 2019

The Role Of Fault In Sec. 1983 Municipal Liability, Michael L. Wells

South Carolina Law Review

No abstract provided.