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Articles 1 - 4 of 4

Full-Text Articles in Law

Emblems Of Federalism, Carol Weisbrod Jun 1992

Emblems Of Federalism, Carol Weisbrod

University of Michigan Journal of Law Reform

This Article reviews non-state federalism-more accurately "not only state federalism"- sometimes called pluralism or essential federalism, and contrasts it with conventional political federalism referred to here as "monumental federalism" and presented through a description of a painting by Erastus Field.


An Economic And Political Look At Federalism In Taxation, Daniel Shaviro Mar 1992

An Economic And Political Look At Federalism In Taxation, Daniel Shaviro

Michigan Law Review

Part I of this article examines the reasons for preferring locationally neutral taxes and explains the basic tension between locational neutrality and state and local autonomy in taxation. Part II examines the federal judicial check on state and local taxation, which often relies on a principle barring discrimination against outsiders or interstate commerce. Part III explores the need for a broad federal judicial check by examining state and local governments' reasons for imposing (or avoiding) locationally distortive taxes, the countervailing benefits of allowing such governments broad autonomy in taxation, and Congress' willingness to strike down locationally distortive taxes under its …


The Failed Discourse Of State Constitutionalism, James A. Gardner Feb 1992

The Failed Discourse Of State Constitutionalism, James A. Gardner

Michigan Law Review

In this article, I approach these questions in two steps. First, I examine the status of state constitutional law as it is practiced today. I conclude that, contrary to the claims of New Federalism, state constitutional law today is a vast wasteland of confusing, conflicting, and essentially unintelligible pronouncements. I argue that the fundamental defect responsible for this state of affairs is the failure of state courts to develop a coherent discourse of state constitutional law that is, a language in which it is possible for participants in the legal system to make intelligible claims about the meaning of state …


Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein Jan 1992

Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein

Michigan Journal of International Law

This essay is a part of a broader study entitled "Post-communist Constitution-making: Confessions of a Comparatist" which focuses on Czechoslovakia.