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Full-Text Articles in Law
A Theory Of Federalization Doctrine, Gerald S. Dickinson
A Theory Of Federalization Doctrine, Gerald S. Dickinson
Articles
The doctrine of federalization—the practice of the U.S. Supreme Court consulting state laws or adopting state court doctrines to guide and inform federal constitutional law—is an underappreciated field of study within American constitutional law. Compared to the vast collection of scholarly literature and judicial rulings addressing the outsized influence Supreme Court doctrine and federal constitutional law exert over state court doctrines and state legislative enactments, the opposite phenomenon of the states shaping Supreme Court doctrine and federal constitutional law has been under-addressed. This lack of attention to such a singular feature of American federalism is striking and has resulted in …
Judicial Federalization Doctrine, Gerald S. Dickinson
Judicial Federalization Doctrine, Gerald S. Dickinson
Articles
This Article explores the concept of “judicial federalization doctrine.” The doctrine emanates from well-documented areas of federal constitutional law, including exactions, racially motivated peremptory challenges, the exclusionary rule, same-sex sodomy, marriage, and freedom of speech and press. The origin and development of these federal doctrines, however, is anything but federal. The U.S. Supreme Court has, on rare occasions, heavily consulted with or borrowed from state court doctrines to create a new federal jurisprudence. While the literature addressing the Court’s occasional vertical dependence on state court doctrine is sparse, there is a complete absence of scholarly attention studying the Court’s reluctance …
Property As A Fundamental Constitutional Right? The German Example, Gregory Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory Alexander
Gregory S Alexander
No abstract provided.
Slides: Forests And Grasslands, Federico Cheever
Slides: Forests And Grasslands, Federico Cheever
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Professor Federico Cheever, University of Denver Sturm College of Law
30 slides
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
Agenda: The Future Of Federal Wetlands Regulation After Rapanos, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Future Of Federal Wetlands Regulation After Rapanos, University Of Colorado Boulder. Natural Resources Law Center
The Future of Federal Wetlands Regulation After Rapanos (May 10)
Hot-Topic Discussion held at Brownstein Hyatt Farber Schreck in Denver, Colorado on May 10, 2007 from 12:00 p.m. to 1:15 p.m.
Speaker: Mark Squillace, Director of the Natural Resources Law Center, University of Colorado School of Law.
Commentators: Wayne Forman and Michelle Kales, attorneys, Brownstein Hyatt Farber Schreck
"Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts and Associate Justice, Samuel Alito. The Supreme Court …
Slides: The Future Of Federal Wetlands Regulation, Mark Squillace
Slides: The Future Of Federal Wetlands Regulation, Mark Squillace
The Future of Federal Wetlands Regulation After Rapanos (May 10)
Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law
35 slides
Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer
Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Cornell Law Faculty Publications
No abstract provided.
Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.
Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.
Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …
Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars
Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars
Western Water Law in Transition (Summer Conference, June 3-5)
12 pages.
Contains footnotes.
Unresolved Issues In Federal Reserved Rights, Michael D. White
Unresolved Issues In Federal Reserved Rights, Michael D. White
Western Water Law in Transition (Summer Conference, June 3-5)
12 pages.
The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning
The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning
Western Water Law in Transition (Summer Conference, June 3-5)
24 pages.
Contains references.
Reserved Water Rights Of Indian Allotments, Richard B. Collins
Reserved Water Rights Of Indian Allotments, Richard B. Collins
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
10 pages.
Contains references.
Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl
Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
39 pages.
Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino
Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
88 pages.
Contains attachments.