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Full-Text Articles in Jurisprudence
Judicial Deference To Agency Action Based On Ai, Cade Mallett
Judicial Deference To Agency Action Based On Ai, Cade Mallett
Catholic University Journal of Law and Technology
No abstract provided.
Appellate Review Of Courts-Martial In The United States, Scott W. Stucky
Appellate Review Of Courts-Martial In The United States, Scott W. Stucky
Catholic University Law Review
No abstract provided.
The Roberts Court And Penumbral Federalism, Edward Cantu
The Roberts Court And Penumbral Federalism, Edward Cantu
Catholic University Law Review
For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts—which derive from a “penumbral” reading of the Tenth Amendment—represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.
After fleshing out what “penumbral federalism” is and its …