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Articles 61 - 86 of 86
Full-Text Articles in Law
Section 6: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
William & Mary Law Review
No abstract provided.
The Judicial Safeguards Of Federalism, Neal Devins
The Judicial Safeguards Of Federalism, Neal Devins
Faculty Publications
No abstract provided.
Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker
Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker
William & Mary Law Review
No abstract provided.
Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Federalism And Formalism, Allison H. Eid
Federalism And Formalism, Allison H. Eid
William & Mary Bill of Rights Journal
Many commentators have criticized the Supreme Court's New Federalism decisions as "excessively formalistic. " In this Article, Professor Eid argues that this "standard critique" is wrong on both a descriptive and normative level. Descriptively, she argues that the standard critique mistakenly downplays the extent to which the New Federalism decisions consider the values that federalism serves, and contends that they employ the same sort of formalism/functionalism blend that is found in the Court's separation of powers jurisprudence. Professor Eid then contends that the standard critique's normative prescription - a case-by-case balancing test that would weigh the federal interest against the …
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
William & Mary Law Review
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the United States Constitution. This reconciliation, however, is unavailable for state courts, which, by …
Federalism, U.S. Style, James S. Heller
Federalism, U.S. Style, James S. Heller
Library Staff Publications
No abstract provided.
Vectoral Federalism, Scott Dodson
Vectoral Federalism, Scott Dodson
Faculty Publications
In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups.Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps to …
The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins
Faculty Publications
No abstract provided.
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
On Revolution And Wetland Regulations, Michael J. Gerhardt
On Revolution And Wetland Regulations, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens
Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens
William & Mary Law Review
No abstract provided.
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Alden V. Maine And The Jurisprudence Of Structure, Ernest A. Young
Alden V. Maine And The Jurisprudence Of Structure, Ernest A. Young
William & Mary Law Review
No abstract provided.
Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner
Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner
William & Mary Bill of Rights Journal
The Eleventh Amendment prohibits citizens from bringing actions in law or equity against individual states in federal courts. The Amendment does not address whether states are subject to federal jurisdiction for actions in admiralty in which both a shipwreck salvor and a state claim title to a shipwreck Analyzing applicable admiralty, federal, and common law in the context of Eleventh Amendment jurisprudence, this Note examines whether the states are subject to pure admiralty actions in federal court by citizen-salvors seeking either title to or reward for salvaging a shipwreck. The original intentions of admiralty law: rewarding salvors for their efforts, …
Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Federalism Implications Of Flores, Stephen Gardbaum
The Federalism Implications Of Flores, Stephen Gardbaum
William & Mary Law Review
No abstract provided.
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
William & Mary Law Review
No abstract provided.
Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
United States V. Lopez: Theoretical Bang And Practical Whimper? An Illustrative Analysis Based On Lower Court Treatment Of The Child Support Recovery Act, Sara L. Gottovi
United States V. Lopez: Theoretical Bang And Practical Whimper? An Illustrative Analysis Based On Lower Court Treatment Of The Child Support Recovery Act, Sara L. Gottovi
William & Mary Law Review
No abstract provided.
Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero
The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero
William & Mary Law Review
No abstract provided.
Separation Of Powers And Federalism: Their Impact On Individual Liberty And The Functioning Of Our Government, Candace H. Beckett
Separation Of Powers And Federalism: Their Impact On Individual Liberty And The Functioning Of Our Government, Candace H. Beckett
William & Mary Law Review
No abstract provided.
Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne
Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne
Faculty Publications
Like Gaul, this essay is divided into three parts. The first two parts are adapted from a public address delivered at the Association of the Bar of the City of New York, as part of its Bicentennial series, in 1987. The third part was added later, originally as an Addendum Note. The general subject was introduced by the moderator, Mr. Robert MacCrate, President of the Amerian Bar Association, who put the following question: "Where does the federalism of the Constitution stand today?" Professor Martha Field of the Harvard Law School presented a paper in first response. This paper then followed, …