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Articles 1 - 4 of 4
Full-Text Articles in Law
Federalism's Old Deal: What's Right And Wrong With Conservative Judicial Activism, Peter M. Shane
Federalism's Old Deal: What's Right And Wrong With Conservative Judicial Activism, Peter M. Shane
Villanova Law Review
No abstract provided.
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
Faculty Scholarship
No abstract provided.
Bill 11, The Canada Health Act And The Social Union: The Need For Institutions, Sujit Choudhry
Bill 11, The Canada Health Act And The Social Union: The Need For Institutions, Sujit Choudhry
Osgoode Hall Law Journal
This article argues that the debate over the future of Medicare has been dominated by financial considerations at the expense of an examination of the place of supervisory institutions in the health care system. Supervisory institutions will be of central importance to the future of Medicare because any future system will include some national standards, which, to be effective, must be interpreted, applied and enforced by institutions of some kind. This article focuses on two specific institutional questions: the dismal record of federal enforcement of the existing national standards of the Canada Health Act, and the pressing need for dispute-settlement …
Globalization And Federalism In A Post-Printz World, Mark V. Tushnet
Globalization And Federalism In A Post-Printz World, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Article uses the recent Supreme Court decision in Crosby v. National Foreign Trade Council as the vehicle for examining the way in which the U.S. constitutional law of federalism might be responding to globalization. Part II develops the argument that globalization as such has no strong implications for domestic constitutional law. The remainder of the Article examines the U.S. constitutional response to the aspect of globalization revealed in Crosby, and argues that the Court's decision in Crosby is in tension with its other federalism decisions. But, the Article argues, that tension arises not from the fact that Crosby arises …