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Full-Text Articles in Law
"What About The 'Ism'?" Normative And Formal Concerns In Contemporary Federalism, Richard Briffault
"What About The 'Ism'?" Normative And Formal Concerns In Contemporary Federalism, Richard Briffault
Vanderbilt Law Review
Contemporary legal discourse concerning federalism has shifted from the formal to the normative, that is, from a focus on the fifty states as unique entities in the American constitutional firmament to a concern with the values of federalism. This normative turn has had some salutary effects. It has sharpened the debate over federalism, reminded us of the impact of the federal design on the substance of American governance, and underscored the interrelationship of government structure and individual rights. But the normative approach has also, paradoxically, moved the focus of federalism away from the states. Many of the arguments offered on …
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
43 pages.
Contains references.
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Federalism Myth, Fernando Laguarda
Federalism Myth, Fernando Laguarda
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The late Justice Louis Brandeis once remarked on the benefit that our system of government derives from the states acting as the "laboratories of democracy."' This remark not only implies that states should be given the discretion to experiment, it presumes that states actually have the ability to do so. In order to understand Justice Brandeis and those who have followed in his rhetorical footprints, it is important to understand federalism, which is the organizing principle of American government.
Initiative Enigmas, Richard Collins