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State and Local Government Law

Federalism

2015

Journal

Articles 1 - 2 of 2

Full-Text Articles in Law

The Reaffirmation Of Federalism As A Viable Limitation Upon The Commerce Power, Randy R. Koenders Aug 2015

The Reaffirmation Of Federalism As A Viable Limitation Upon The Commerce Power, Randy R. Koenders

Akron Law Review

"Throughout its history, the constitutional basis of the FLSA has remained anchored in the Commerce Clause. However, despite the legitimacy of that purpose, the FLSA has been the subject of constant attacks since its inception, the most fervent of which has been the challenge to its constitutionality on state sovereignty grounds.

"Two recent United States Supreme Court cases construing the constitutionality of the FLSA and its amendments reflect not only the changing judicial posture toward extension of the Act to matters of state concern, but also the differing attitudes toward extension of the Commerce Clause itself."


Tribal Disruption And Federalism, Matthew L.M. Fletcher Feb 2015

Tribal Disruption And Federalism, Matthew L.M. Fletcher

Montana Law Review

No abstract provided.