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State and Local Government Law

Federalism

1996

Articles 1 - 3 of 3

Full-Text Articles in Law

The Term Limits Dissent: What Nerve, Robert F. Nagel Jan 1996

The Term Limits Dissent: What Nerve, Robert F. Nagel

Publications

No abstract provided.


The Future Of Federalism, Robert F. Nagel Jan 1996

The Future Of Federalism, Robert F. Nagel

Publications

No abstract provided.


Testing Two Assumptions About Federalism And Tort Reform, Thomas A. Eaton, Susette M. Talarico Jan 1996

Testing Two Assumptions About Federalism And Tort Reform, Thomas A. Eaton, Susette M. Talarico

Scholarly Works

In, 1996 both the United States House of Representatives and Senate passed legislation that, if enacted, would preempt state tort laws in significant ways. Why would a Congress otherwise apparently committed to vesting states with greater policymaking autonomy call for federal control of tort law?

Tort policymaking has traditionally been done at the state level. One assumption underlying this distribution of power is that states are better able than the national government to fashion tort rules appropriate for local conditions and circumstances. In other words, states are thought to have a special competence in crafting tort rules responsive to local …