Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- Law and Society (2)
- Legislation (2)
- State and Local Government Law (2)
- Administrative Law (1)
-
- Comparative and Foreign Law (1)
- Courts (1)
- Environmental Law (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Health Law and Policy (1)
- Immigration Law (1)
- International Law (1)
- Jurisprudence (1)
- Law and Politics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Military, War, and Peace (1)
- Natural Resources Law (1)
- Oil, Gas, and Mineral Law (1)
- Public Law and Legal Theory (1)
- Supreme Court of the United States (1)
- Torts (1)
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde
Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde
Michigan Law Review
Primarily due to policy considerations, this Note argues that courts should allocate to the federal agency proposing an activity that may affect the coastal zone the burden of proving consistency with a state CMP. This allocation effectuates Congress's intent to vest states with primary control to preserve the coastal zone. Part I provides a general background of the Act's consistency requirement for federally conducted activities. Part II examines the various factors that courts traditionally consider when allocating burdens of proof in litigation. Part III evaluates these factors as applied to the consistency issue under the CZMA. Part IV concludes that …
Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School
Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Variations On A Theory Of Normative Federalism: A Supreme Court Dialogue, Ann Althouse
Variations On A Theory Of Normative Federalism: A Supreme Court Dialogue, Ann Althouse
Duke Law Journal
No abstract provided.
Felix Frankfurter: The Architect Of "Our Federalism", Mary Brigid Mcmanamon
Felix Frankfurter: The Architect Of "Our Federalism", Mary Brigid Mcmanamon
Mary Brigid McManamon
No abstract provided.
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Fordham Law Review
In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.
European Integration: Beyond 1992, Lloyd Bonfield
European Integration: Beyond 1992, Lloyd Bonfield
Articles & Chapters
No abstract provided.
Expert Witness Fees In Federal Diversity Cases., Wade P. Webster
Expert Witness Fees In Federal Diversity Cases., Wade P. Webster
St. Mary's Law Journal
Even with the increasing complexity of litigation and the increased utilization of expert witnesses to provide expensive evidence on narrow scientific and technical issues, Congress still limits compensation of expert witnesses to only forty dollars per day, the same rate as ordinary fact witnesses. The justification for the low rate is that the witness fee statute was not intended by Congress to compensate witnesses fully for their lost time and income. Presumably this same reasoning also applies to expert witnesses. The problem with this reasoning, unlike law witnesses who may be compelled by subpoena, individual litigants must pay the fees …
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Law Faculty Scholarly Articles
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products. For example, the Consumer Product Safety Commission promulgates "consumer product safety standards" for a number of consumer products. Likewise, the National Traffic and Motor Vehicle Safety Act of 1966 authorizes the National Highway Transportation Safety Administration to develop safety standards for automobiles and other motor vehicles. Additionally, the Food and Drug Administration (FDA) exercises extensive control over prescription drugs, biologics, medical devices, and over-the-counter drugs. The FDA also regulates food labeling.6 Finally, Congress has established statutory labeling requirements for cigarettes, smokeless tobacco products, and alcoholic beverages. …
Federalism, The Commerce Clause, And Equal Protection, Leon Friedman
Federalism, The Commerce Clause, And Equal Protection, Leon Friedman
Touro Law Review
No abstract provided.
The Aspirational Constitution, Robin West
The Aspirational Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …