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Full-Text Articles in Law
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer
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This Comment will examine how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact in policy areas including consumer protection, antitrust, environmental regulation, and securities regulation. This state-based regulation casts doubt on one of the principle rationales advanced in the Supreme Court's anticommandeering line of cases for limiting federal power; namely, that such a move enhances electoral accountability, a concept central to our democracy. If in the absence of federal regulation a series of narrowly accountable state-based actors can create nationwide regulation in …
A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington
A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington
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This Article seeks to explore the developing principles of state sovereignty limitations on Congress’ exercise of its granted powers and the potential conflicts in reconciling the enforcement of strong federal policy interests with the allowance to the states of primary control over certain governmental functions. Since both tenth and eleventh amendment questions were raised by the application of the Fair Labor Standards Act’s ever broadening coverage to state employees and its grant of federal court jurisdiction over enforcement suits, and since the Act precipitated the League of Cities decision, the Court’s treatment of the Act will serve as the primary …
Unconstitutionality In Georgia: Problems Of Nothing, R. Perry Sentell Jr.
Unconstitutionality In Georgia: Problems Of Nothing, R. Perry Sentell Jr.
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Professor Sentell's Article examines the apparently well-established principle in Georgia that an unconstitutional statute is an absolute nullity. Against the backdrop of City of Atlanta v. Gower, Professor Sentell first focuses on the developmen of-the-void-from-inception doctrine and then reviews its application in Georgia. Finally, he concludes that this principle has had a substantial impact upon constitutional and legislative law in this state.