Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Congress (2)
- Accomplish (1)
- Catholic (1)
- Community (1)
- Constitution (1)
-
- Federal agencies (1)
- Federalism (1)
- Individuals (1)
- Judicial review (1)
- Law reform (1)
- New Deal (1)
- Preemption (1)
- Presidents (1)
- Public Utility Holding Company Act (1)
- Regulation (1)
- Roosevelt (Franklin Delano) (1)
- Rulemaking (1)
- Securities Act of 1933 (1)
- Securities Exchange Act of 1934 (1)
- Securities and Exchange Commission (1)
- Separation of powers (1)
- Subsidiarity (1)
- United States Supreme Court (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
Federal Powers And The Principle Of Subsidiarity., Daniel Halberstam
Federal Powers And The Principle Of Subsidiarity., Daniel Halberstam
Book Chapters
Federal systems across the world are generally designed according to the principle of subsidiarity, which in one form or another holds that the central government should play only a supporting role in governance, acting if and only if the constituent units of government are incapable of acting on their own. The word itself is related to the idea of assistance, as in “subsidy,” and is derived from the Latin “subsidium,” which referred to auxiliary troops in the Roman military. See Oxford Latin Dictionary s.v. (1983).
Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson
Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson
Book Chapters
American government is an experiment in redundancy, with powers and duties shared among federal, state, and local decision makers. The arrangement is designed to divide power, maximize self-rule, and foster innovation, but it also can breed confusion. In the areas of public safety and environmental protection, state and federal leaders (to name the two most active players in these disputes) are often seen jockeying for the inside track, hoping to secure the resources or authority needed to promote their views of the public good or gain politically. To outside observers, the best outcomes are not obvious. For example, should the …
Securities Law And The New Deal Justices, Adam C. Pritchard, Robert B. Thompson
Securities Law And The New Deal Justices, Adam C. Pritchard, Robert B. Thompson
Articles
In this Article, we explore the role of the New Deal Justices in enacting, defending, and interpreting the federal securities laws. Although we canvass most of the Court's securities law decisions from 1935 to 1955, we focus in particular on PUHCA, an act now lost to history for securities practitioners and scholars. At the time of the New Deal, PUHCA was the key point of engagement for defining the judicial view toward New Deal securities legislation. Taming the power of Wall Street required not just the concurrence of the legislative branch, but also the Supreme Court, a body that the …