Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 48 of 48

Full-Text Articles in Law

The Supreme Court And The Federalist Papers: Is There Less Here Than Meets The Eye?, Melvyn R. Durchslag Oct 2005

The Supreme Court And The Federalist Papers: Is There Less Here Than Meets The Eye?, Melvyn R. Durchslag

William & Mary Bill of Rights Journal

No abstract provided.


Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young Mar 2005

Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young

William & Mary Law Review

No abstract provided.


Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager Feb 2005

Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager

William & Mary Law Review

No abstract provided.


Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro Feb 2005

Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro

William & Mary Law Review

No abstract provided.


Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner Feb 2005

Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner

William & Mary Law Review

No abstract provided.


Bridging The Enforcement Gap In Constitutional Law: A Critique Of The Supreme Court's Theory That Self-Restraint Promotes Federalism, Robert J. Pushaw Jr. Feb 2005

Bridging The Enforcement Gap In Constitutional Law: A Critique Of The Supreme Court's Theory That Self-Restraint Promotes Federalism, Robert J. Pushaw Jr.

William & Mary Law Review

No abstract provided.


Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick Oct 2004

Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick

William & Mary Law Review

No abstract provided.


Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker Mar 2004

Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker

William & Mary Law Review

No abstract provided.


Federalism And Formalism, Allison H. Eid Apr 2003

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 Mar 2003

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 And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens Oct 2000

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.


Alden V. Maine And The Jurisprudence Of Structure, Ernest A. Young May 2000

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 Feb 2000

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, …


The Federalism Implications Of Flores, Stephen Gardbaum Mar 1998

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 Mar 1998

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.


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 Jan 1997

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.


The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero Feb 1995

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 Apr 1988

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.