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Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
William & Mary Environmental Law and Policy Review
No abstract provided.
A New Fulcrum Point For City Survival, Samir D. Parikh
A New Fulcrum Point For City Survival, Samir D. Parikh
William & Mary Law Review
Municipalities have historically enjoyed immense stability. This era of tranquility is over, and fiscal deterioration is accelerating. Policymakers and scholars have struggled to formulate debt restructuring options; almost all have embraced federal bankruptcy law. But this resource-draining process is not the fulcrum point for any meaningful solution to municipal demise. Indeed, for the vast majority of distressed municipalities, the lever of municipal recovery will not turn on the solutions that have been offered to date. This Article radically shifts the municipal recovery debate by arguing that state law is the centralized point at which officials can exert the necessary amount …
Incorporation, Total Incorporation, And Nothing But Incorporation?, Christopher R. Green
Incorporation, Total Incorporation, And Nothing But Incorporation?, Christopher R. Green
William & Mary Bill of Rights Journal
Kurt T. Lash’s The Fourteenth Amendment and the Privileges and Immunities of American Citizenship (2014) defends the view that the Fourteenth Amendment’s “privileges or immunities of citizens of the United States” cover only rights enumerated elsewhere in the Constitution. My own book, however, Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (2015), reads the Clause to guarantee equality broadly among similarly situated citizens of the United States. Incorporation of an enumerated right into the Fourteenth Amendment requires, I say, national consensus such that an outlier state’s invasion of the right would produce …
Sovereign Impunity: The Supreme Court Of Georgia’S False Textualism Expands The Doctrine Of Sovereign Immunity In The State, Laura R. Dove
Sovereign Impunity: The Supreme Court Of Georgia’S False Textualism Expands The Doctrine Of Sovereign Immunity In The State, Laura R. Dove
William & Mary Bill of Rights Journal
Until recently, sovereign immunity—the doctrine that protects state entities from suit without the State’s consent—had been held by the Supreme Court of Georgia not to apply to suits seeking solely injunctive relief to prevent the State, its departments, or agencies from acting illegally or outside the scope of their authority. This rule stemmed partly from the fact that a significant policy basis for sovereign immunity is the protection of taxpayer funds, but also was grounded on the principle that the State may not “cloak itself in the mantle of sovereign immunity” to prevent its citizens from holding the State accountable …