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2,569 full-text articles. Page 4 of 53.

Financing Central Cities: The Economics Underlying Fiscal Strategy Options, Michael Wasylenko 2017 Syracuse University

Financing Central Cities: The Economics Underlying Fiscal Strategy Options, Michael Wasylenko

Center for Policy Research

A consortium of Syracuse City and Onondaga County governments along with a number of local area non-profit organizations have recently organized a commission on Local Government Modernization for the Syracuse area. The Report makes three major recommendation to strengthen the local public sector in the Syracuse region: seek opportunities to share public services across local jurisdictions to reduce costs, adopt the Minneapolis region model for sharing revenues from new commercial and industrial development across localities, and work toward merging Syracuse City government with Onondaga County government. At the same time, current non-city residents would not have responsibility for the city ...


Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser 2017 Morisset, Schlosser, Jozwiak & Somerville

Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman 2017 National Center on Sexual Exploitation

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown 2017 Indiana University School of Law

The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown

Robert C. Brown

No abstract provided.


History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown 2017 Indiana University School of Law

History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown

Robert C. Brown

No abstract provided.


Federal Jurisdiction And Procedure, Robert C. Brown 2017 Indiana University School of Law

Federal Jurisdiction And Procedure, Robert C. Brown

Robert C. Brown

No abstract provided.


Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert C. Brown 2017 Indiana University School of Law

Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert C. Brown

Robert C. Brown

Address by Robert C. Brown, Professor of Law at Indiana University School of Law, delivered at the National Tax Conference, Indianapolis, Indiana, October, 1936.


Cases On Federal Procedure, Robert C. Brown 2017 Indiana University School of Law

Cases On Federal Procedure, Robert C. Brown

Robert C. Brown

No abstract provided.


Book Review. Federal Appellate Jurisdiction And Procedure By Elijah N. Zoline, Robert C. Brown 2017 Indiana University School of Law

Book Review. Federal Appellate Jurisdiction And Procedure By Elijah N. Zoline, Robert C. Brown

Robert C. Brown

No abstract provided.


One Toke Too Far: The Demise Of The Dormant Commerce Clause's Extraterritoriality Doctrine Threatens The Marijuana-Legalization Experiment, Chad DeVeaux 2017 Harvard Law School

One Toke Too Far: The Demise Of The Dormant Commerce Clause's Extraterritoriality Doctrine Threatens The Marijuana-Legalization Experiment, Chad Deveaux

Boston College Law Review

This Article argues that the pending feuds between neighboring states over marijuana decriminalization demonstrate the need for a strict doctrine limiting a state’s regulatory authority to its own borders. Precedent recognizes that the dormant Commerce Clause (“DCC”) “precludes the application of a state statute to commerce that takes place wholly outside the State’s borders, whether or not the commerce has effects within the State.” This prohibition protects “the autonomy of the individual States within their respective spheres” by dictating that “[n]o state has the authority to tell other polities what laws they must enact or how affairs ...


Policy, Preemption, And Pot: Extra-Territorial Citizen Jurisdiction, Gabriel J. Chin 2017 UC Davis School of Law

Policy, Preemption, And Pot: Extra-Territorial Citizen Jurisdiction, Gabriel J. Chin

Boston College Law Review

In contemporary America, legislators send messages about values through symbolic legislation and lawsuits. One conflict is between states where marijuana is legal and others that continue to ban it. This Article evaluates what might happen if anti-marijuana states made it illegal for their citizens to purchase or use marijuana, borrowing a page from the playbook of activists opposed to reproductive choice who propose that if Roe v. Wade is overturned, individuals could be prohibited from traveling to another state for the purpose of obtaining an abortion. Although such laws would be hard to enforce, they still present important questions of ...


Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen 2017 IIT Chicago-Kent College of Law

Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen

Boston College Law Review

The Trump administration inherits the Obama administration’s policy of under-enforcing federal marijuana laws and a nation with a patchwork of divergent state laws. Although allowing diversity and experimentation, such divergence may impose spillover costs to some states. Some states may attempt to address these costs by exercising extraterritorial regulatory powers on their citizens. Although it is unclear and a matter of dispute whether and to what extent states have such extraterritorial authority, this Article shows that it is certain that Congress has power to set the bounds of state extraterritorial regulation, subject to only limited constitutional restraints. The Article ...


Marijuana Legalization And Nosy Neighbor States, Alex Kreit 2017 Thomas Jefferson School of Law

Marijuana Legalization And Nosy Neighbor States, Alex Kreit

Boston College Law Review

As more states proceed with marijuana legalization laws, questions have arisen about how to accommodate those states that wish to retain prohibition. For instance, in 2014, Oklahoma and Nebraska unsuccessfully sued Colorado based on the spillover effects that Colorado’s marijuana legalization law had on its neighboring states. This article asserts that there are several reasons why state marijuana legalization laws are unlikely to have a large effect on neighboring states. First, marijuana is not a previously unobtainable good being introduced into the stream of commerce, as it is already available through the black market inexpensively. Second, legalization laws have ...


Reconceptualizing Federalism, Erwin Chemerinsky 2017 Duke Law School

Reconceptualizing Federalism, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky 2017 Selected Works

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky 2017 Selected Works

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky 2017 Touro Law School

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Adverse Interests And Article Iii, Ann Woolhandler 2017 University of Virginia School of Law

Adverse Interests And Article Iii, Ann Woolhandler

Northwestern University Law Review

In an important article in the Yale Law Journal, James Pfander and Daniel Birk claim that adverseness is not required by Article III for cases arising under federal law. This Article takes the position that Pfander and Birk have not made the case for reconsidering adversity requirements for Article III cases. Adverseness may be present when there is adversity of legal interests, even when adverse argument is not present. From this perspective, a number of Pfander and Birk’s examples of non-contentious jurisdiction manifested adverseness. In rem-type proceedings such as bankruptcy and prize cases required the determination of adverse interests ...


Adverse Interests And Article Iii: A Reply, James E. Pfander, Daniel Birk 2017 Northwestern Pritzker School of Law

Adverse Interests And Article Iii: A Reply, James E. Pfander, Daniel Birk

Northwestern University Law Review

Scholars and jurists have long sought an explanation for why the Framers of Article III distinguished “Cases” from “Controversies.” In a previous article that cataloged the exercise of federal jurisdiction over uncontested matters, such as pension claims, warrant applications, and naturalization proceedings, we tried to provide an answer to this question. We suggested that, at least as to “cases” arising under federal law, the federal courts could exercise what Roman and civil lawyers called non-contentious jurisdiction or, in the words of Chief Justice Marshall, could hear uncontested claims of right in the form prescribed by law. As for “controversies,” by ...


Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag LLP 2017 Boston University School of Law

Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag Llp

Faculty Scholarship

Amici curiae, legal experts in international and constitutional law, believe that a majority of the en banc panel in Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016) (en banc), mistakenly affirmed Ali Hamza Ahmad Suliman al Bahlul’s conviction by a military commission for a non-international war crime. The main concurring opinion in that case misconceived how international law defines the jurisdiction of law-of-war military commissions. As amici argue below, it is the Constitution—not international law—that limits the jurisdiction of lawof-war military commissions.


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