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State and Local Government Law

Federalism

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Articles 211 - 233 of 233

Full-Text Articles in Law

State Constitutional Law: Federalism In The Common Law Tradition, Ellen A. Peters Apr 1986

State Constitutional Law: Federalism In The Common Law Tradition, Ellen A. Peters

Michigan Law Review

A Review of Developments in State Constitutional Law edited by Bradley D. McGraw


The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter Jan 1985

The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter

Seattle University Law Review

This Article presents an independent analysis of a fundamental aspect of the free speech provision of the Washington Declaration of Rights, which closely resembles the free speech provisions of many other state constitutions. The focus is on whether the Washington free speech provision protects Washingtonians against abridgment of their speech and press rights by private individuals and organizations. To answer this question, this Article examines the nature of state constitutions and government, the case law of other jurisdictions interpreting similar provisions, the text of the Washington provision, the origins of the provision, the historical background of the Washington Constitutional Convention, …


The Doctrine Of Conditional Preemption And Other Limitations On Tenth Amendment Restrictions, Ronald D. Rotunda Jan 1984

The Doctrine Of Conditional Preemption And Other Limitations On Tenth Amendment Restrictions, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.


Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley Oct 1983

Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


Extent And Limits Of Federal Power [Outline], George A. Gould Jun 1982

Extent And Limits Of Federal Power [Outline], George A. Gould

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

3 pages.


Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel Jan 1981

Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel

Publications

No abstract provided.


Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown Apr 1979

Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown

Boston College Law School Faculty Papers

No abstract provided.


Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown Dec 1978

Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown

George D. Brown

No abstract provided.


Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel Jan 1978

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.


Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown Dec 1977

Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown

Boston College Law School Faculty Papers

In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for states and localities. President Nixon had recommended Revenue Sharing, as apart of his "New Federalism," because it would foster local autonomy by minimizing federal restrictions on the grants. When General Revenue Sharing was renewed in 1976, Congress made no changes in the formula, leading some commentators to minimize the significance of those changes which were made.

Professor Brown argues that the 1976 renewal amendments to the Revenue Sharing Act are an example of "interventionist federalism," a new form of federal influence over state and local …


Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown Nov 1977

Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown

George D. Brown

In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for states and localities. President Nixon had recommended Revenue Sharing, as apart of his "New Federalism," because it would foster local autonomy by minimizing federal restrictions on the grants. When General Revenue Sharing was renewed in 1976, Congress made no changes in the formula, leading some commentators to minimize the significance of those changes which were made. Professor Brown argues that the 1976 renewal amendments to the Revenue Sharing Act are an example of "interventionist federalism," a new form of federal influence over state and local …


Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane Jan 1977

Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).


A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington Sep 1976

A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington

Scholarly Works

This Article seeks to explore the developing principles of state sovereignty limitations on Congress’ exercise of its granted powers and the potential conflicts in reconciling the enforcement of strong federal policy interests with the allowance to the states of primary control over certain governmental functions. Since both tenth and eleventh amendment questions were raised by the application of the Fair Labor Standards Act’s ever broadening coverage to state employees and its grant of federal court jurisdiction over enforcement suits, and since the Act precipitated the League of Cities decision, the Court’s treatment of the Act will serve as the primary …


Energy Policy: A Test For Federalism, Jon L. Mills, R. D. Woodson Jan 1976

Energy Policy: A Test For Federalism, Jon L. Mills, R. D. Woodson

UF Law Faculty Publications

This Article will examine the bases of state and federal power, exploring areas of both potential and existing conflict within the energy field. Situations in which either the state or federal government appears to have exclusive authority also will be scrutinized. Possible answers to problems caused by the clashing of governmental interests will be suggested, with an eye toward aiding policymakers to reach agreements which may avert such conflicts. Finally, a prognosis of the future of federalism in regard to the energy issue will be offered.


Local Government In Sweden, Terrance Sandalow Jan 1971

Local Government In Sweden, Terrance Sandalow

Articles

Ever since the publication of Marquis Childs' The Middle Way, Americans of liberal persuasion have tended to point to Sweden as a model, a nation which simultaneously has achieved rapid economic growth, eliminated poverty, and maintained individual and political freedom. Swedish cities, and especially Stockholm, are reputed to be among the best planned in the world. Yet, for all the admiration that has been expressed, there has been surprisingly little investigation by Americans of the legal and governmental framework within which the Swedes have accomplished so much. The modest aim of this paper is to report the major outlines of …


State Courts And The Federal System, Griffin B. Bell Nov 1968

State Courts And The Federal System, Griffin B. Bell

Vanderbilt Law Review

One of the more important aspects of federalism lies in the relationship which has been established between state and federal courts. The interworkings of the judicial process involve power in some in-stances and principles of comity in others. The purpose of this article is to examine this relationship, including possible areas of abrasion resulting from the interworkings between the two court systems.


Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl Nov 1965

Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl

Michigan Law Review

The real increase in the use of "compacts" is still very recent, so there has as yet been little significant litigation concerning these instruments. For this reason, relatively few lawyers have had sufficient exposure to the subject to discover what an unhappy state the law of "compacts" is in. However, if the present trend toward their increased use continues, interstate authorities and agencies founded upon "compacts" may be expected to become as familiar to the average lawyer as conventional governmental agencies are today. This article is not intended to anticipate all of the legal problems which are sure to arise …


State Power Over The Federal Contractor: A Problem In Federalism, Arthur S. Miller Dec 1957

State Power Over The Federal Contractor: A Problem In Federalism, Arthur S. Miller

Vanderbilt Law Review

In large measure both the federal officials, whose job it is to enter the commercial market to fulfill the government's material needs, and the federal contractor, wherever he may be and of whatever size he may be, tend to look upon attempts by states to tax or regulate with a skeptical eye. The state appears as some alien interloper whose activities result only in hardship and delay to the contractor and consequent annoyance and financial cost to the federal government. By and large, accordingly, a prevailing idea in the federal procurement circles seems to be that of avoiding, whenever possible, …


Our Dual Form Of Government, Hugh Evander Willis Jan 1927

Our Dual Form Of Government, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley Dec 1874

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley

Articles

A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.


South Carolina: Her Present Attitude And Future Action, N. Beverley Tucker Sep 1851

South Carolina: Her Present Attitude And Future Action, N. Beverley Tucker

Faculty Publications

No abstract provided.


Political Science: A Discourse On The Questions, "What Is The Seat Of Sovereignty In The United States, And What The Relation Of The People Of Those States To The Federal And State Governments Respectively", N. Beverley Tucker Jul 1839

Political Science: A Discourse On The Questions, "What Is The Seat Of Sovereignty In The United States, And What The Relation Of The People Of Those States To The Federal And State Governments Respectively", N. Beverley Tucker

Faculty Publications

No abstract provided.


A Discourse On The Genius Of The Federative System Of The United States, N. Beverley Tucker Dec 1838

A Discourse On The Genius Of The Federative System Of The United States, N. Beverley Tucker

Faculty Publications

No abstract provided.