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Constitutional Law

University of Colorado Law Review

Journal

Federalism

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen Jan 2014

Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen

University of Colorado Law Review

No abstract provided.


Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan Jan 2010

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

University of Colorado Law Review

This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …


Property Clause For The Twenty-First Century, John D. Leshy Jan 2004

Property Clause For The Twenty-First Century, John D. Leshy

University of Colorado Law Review

No abstract provided.