Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Bright Lines, George D. Brown
When Federalism And Separation Of Powers Collide - Rethinking Younger Abstention, George D. Brown
When Federalism And Separation Of Powers Collide - Rethinking Younger Abstention, George D. Brown
George D. Brown
No abstract provided.
Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown
Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown
George D. Brown
The simple text of the eleventh amendment belies the complexity of the jurisprudence surrounding it. Professor George D. Brown uses the United States Supreme Court's recent decision in Pennsylvania v. Union Gas Co. as a jumping-off point to determine where the Court stands today on the delicate balance between national supremacy and state sovereignty. In the divided Court's endorsement of congressional power to abrogate the states' immunity he detects a shift toward national supremacy. Professor Brown finds abrogation theory to be as problematic as what came before it. Nevertheless, he accepts the current framework as a compromise that protects state …
Nonideological Judicial Reform And Its Limits - The Report Of The Federal Courts Study Committee, George D. Brown
Nonideological Judicial Reform And Its Limits - The Report Of The Federal Courts Study Committee, George D. Brown
George D. Brown
No abstract provided.
Letting Statutory Tails Wag Constitutional Dogs - Have The Bivens Dissenters Prevailed?, George D. Brown
Letting Statutory Tails Wag Constitutional Dogs - Have The Bivens Dissenters Prevailed?, George D. Brown
George D. Brown
No abstract provided.
Article Iii As A Fundamental Value -- The Demise Of Northern Pipeline And Its Implications For Congressional Power, George D. Brown
Article Iii As A Fundamental Value -- The Demise Of Northern Pipeline And Its Implications For Congressional Power, George D. Brown
George D. Brown
No abstract provided.
Beyond Pennhurst: Protective Jurisdiction, The Eleventh Amendment, And The Power Of Congress To Enlarge Federal Jurisdiction In Response To The Burger Court, George D. Brown
George D. Brown
No abstract provided.
Of Activism And Erie- The Implication Doctrine's Implications For The Nature And Role Of The Federal Courts, George D. Brown
Of Activism And Erie- The Implication Doctrine's Implications For The Nature And Role Of The Federal Courts, George D. Brown
George D. Brown
It is clear that Erie is a major precedential foundation for Justices Powell and Rehnquist in their attempt to force a reconsideration of the role of the federal judiciary. In this article, the author finds that a new Erie doctrine has emerged, and it's a potent counterforce to judicial activism in the nonconstitutional domain. The doctrine can be seen at work most clearly in Justice Powell's largely successful attack on the practice of implying rights of action from federal statutes. The new Erie doctrine's implications, however, extend much further. Apart from its practical ramifications, the vision of the federal judiciary …