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Articles 1 - 5 of 5
Full-Text Articles in Law
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Faculty Publications
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anticommandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …
Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson
Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson
William & Mary Bill of Rights Journal
No abstract provided.
Local Promise For Climate Mitigation: An Empirical Assessment, Uma Outka, Richard Feiock
Local Promise For Climate Mitigation: An Empirical Assessment, Uma Outka, Richard Feiock
William & Mary Environmental Law and Policy Review
This interdisciplinary work contributes empirical grounding to the growing literature in law and public policy on local governments and climate mitigation. Much of the recent scholarship presents an optimistic view of the potential in local climate action. Here, we refine the optimism for local governments’ impact with new performance data that probes local progress and capacity for climate governance. Our analysis—based on a new study measuring policy choice, implementation, and influences— reevaluates a number of assumptions undergirding this scholarship and provides direction for targeted investment and research.
We Didn't Start The Fire...And We Won't Pay To Stop It: Financing Wildfire Management In America's Wildland-Urban Interface, Garrett D. Trego
We Didn't Start The Fire...And We Won't Pay To Stop It: Financing Wildfire Management In America's Wildland-Urban Interface, Garrett D. Trego
William & Mary Environmental Law and Policy Review
No abstract provided.
The Alaska Permanent Fund Dividend And Membership In The State's Political Community, Christopher L. Griffin Jr.
The Alaska Permanent Fund Dividend And Membership In The State's Political Community, Christopher L. Griffin Jr.
Faculty Publications
Despite decades of unmitigated administrative success, the Alaska Permanent Fund Dividend (PFD) is not immune from political and legal controversy. The symbolic and financial importance that Alaskans ascribe to their annual dividend checks has generated disputes between ordinary residents and executive agencies over eligibility. Litigation concerning three dominant status requirements - minimum residency, U.S. citizenship, and felony incarceration - reveal not only the extent to which Alaskans will pursue what they believe to be valid claims on their share of natural resource wealth, but also the limits of full political membership in the state. This Comment frames a sample of …