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Full-Text Articles in Law
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
Journal Articles
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the U.S. Constitution. But this reconciliation is unavailable for state courts, which, by operation …
Facing The Urban Future After September 11, 2001, Richard Briffault
Facing The Urban Future After September 11, 2001, Richard Briffault
Faculty Scholarship
In this essay I would like to address briefly four issues of importance to local governments raised by the September 11 attack and its aftermath. These issues are the role of local governments in addressing questions of public safety and preparedness; the relations among local governments within a region in responding to terrorism; the role of the federal government in the local response to terrorism; and the implications of September 11 for the structures and functions of local government. These issues are interconnected. Certainly, an effective local response to the public safety challenge posed by terrorism will require more coordinated …