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Articles 1 - 21 of 21
Full-Text Articles in Law
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Michigan Law Review
At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.
The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than …
Canary In A Coal Mine? Federalism And The Failure Of The Clean Air Act Amendments Of 1990, Jeffrey Geiger
Canary In A Coal Mine? Federalism And The Failure Of The Clean Air Act Amendments Of 1990, Jeffrey Geiger
William & Mary Environmental Law and Policy Review
No abstract provided.
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The New Federalism, Richard C. Reuben
The New Federalism, Richard C. Reuben
Faculty Publications
the 10th Amendment was something they noted for the bar exam and then promptly forgot about. But for many conservative lawyers and politicians, the 10th Amendment- which reserves to the states all powers not given to the federal government-has been anything but academic. For them, it embodies the founders' promise for a nation in which the states and federal government are near-equal partners. And they have fought long and hard to give the amendment its proper due. As the rise of House Speaker Newt Gingrich, R-Ga., and his Contract with America attest, their day may have finally come. Today, federalism, …
The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero
The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero
William & Mary Law Review
No abstract provided.
Biodiversity Federalism, A. Dan Tarlock
Symposium - Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival
Symposium - Environmental Federalism: Historical Roots And Contemporary Models, Robert V. Percival
Maryland Law Review
No abstract provided.
Federalism In Wetlands Regulation: A Consideration Of Delegation Of Clean Water Act Section 404 And Related Programs To The States, Oliver A. Houck, Michael Rolland
Federalism In Wetlands Regulation: A Consideration Of Delegation Of Clean Water Act Section 404 And Related Programs To The States, Oliver A. Houck, Michael Rolland
Maryland Law Review
No abstract provided.
The Practice Of Federalism Under The Clean Air Act, John P. Dwyer
The Practice Of Federalism Under The Clean Air Act, John P. Dwyer
Maryland Law Review
No abstract provided.
Our Federalism, Our Hazardous Waste, And Our Good Fortune
Our Federalism, Our Hazardous Waste, And Our Good Fortune
Maryland Law Review
No abstract provided.
Limitations On State Agency Authority To Adopt Environmental Standards More Stringent Than Federal Standards: Policy Considerations And Interpretive Problems, Jerome M. Organ
Maryland Law Review
No abstract provided.
The Inadequacies Of Congressional Attempts To Legislate Federal Facility Compliance With Environmental Requirements, Melinda R. Kassen
The Inadequacies Of Congressional Attempts To Legislate Federal Facility Compliance With Environmental Requirements, Melinda R. Kassen
Maryland Law Review
No abstract provided.
A Comparison Of Environmental Federalism In The United States And The European Union, Clíona J.M. Kimber
A Comparison Of Environmental Federalism In The United States And The European Union, Clíona J.M. Kimber
Maryland Law Review
No abstract provided.
A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young
A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young
Maryland Law Review
No abstract provided.
Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell
Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell
Maryland Law Review
No abstract provided.
Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas
Maryland Law Review
No abstract provided.
On The Topology Of Uniform Environmental Standards In A Federal System - And Why It Matters, James E. Krier
On The Topology Of Uniform Environmental Standards In A Federal System - And Why It Matters, James E. Krier
Maryland Law Review
No abstract provided.
Federalism Revisited: The Supreme Court Resurrects The Notion Of Enumerated Powers By Limiting Congress's Attempt To Federalize Crime Comment., Larry E. Gee
St. Mary's Law Journal
This Comment argues the federal system must be preserved and the Supreme Court should build upon the interpretation of the Commerce Clause in United States v. Lopez to reinstate the Framers’ vision of federalism. The social justifications for the Court’s expansive construction of the Commerce Clause during the past sixty years no longer existed to justify the Gun-Free School Zones Act of 1990. Part II of this Comment traces the background of Commerce Clause jurisprudence, focusing on social justifications for traditional rubber stamping of Congress’s broad exercises of power. Part III reviews the Fifth Circuit’s reasoning in deeming the Gun-Free …
Federalism Issues Related To The Probable Emergence Of The Toxic Substances Control Act, Jim Florio
Federalism Issues Related To The Probable Emergence Of The Toxic Substances Control Act, Jim Florio
Maryland Law Review
No abstract provided.
The Impact Of Treaties On Australian Federalism, Brian R. Opeskin, Donald R. Rothwell
The Impact Of Treaties On Australian Federalism, Brian R. Opeskin, Donald R. Rothwell
Case Western Reserve Journal of International Law
No abstract provided.
Enforcement Of Environmental Law In A Triangular Federal System: Can Three Not Be A Crowd When Enforcement Authority Is Shared By The United States, The States, And Their Citizens?, David R. Hodas
David R. Hodas
No abstract provided.