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Full-Text Articles in Law
The Dormant Commerce Clause And State-Mandated Preference Laws In Public Contracting: Developing A More Substantive Application Of The Market-Participant Exception, Benjamin C. Bair
Michigan Law Review
This Note argues that the current focus on the relationship between states and their local governments as the key determinant of the constitutional validity of state-mandated preference laws is flawed. Instead, a court considering the validity of a state-mandated preference law should uphold such a law only if it distributes the benefits of state expenditures to state residents and does not excessively burden interstate commerce.
Foreign Affairs Powers And "The First Crisis Of The 21st Century": Congressional Vs. Executive Authority And The Stabilization Plan For Mexico, James D. Humphrey Ii
Foreign Affairs Powers And "The First Crisis Of The 21st Century": Congressional Vs. Executive Authority And The Stabilization Plan For Mexico, James D. Humphrey Ii
Michigan Journal of International Law
This Note discusses whether the United States can meet such a crisis under current legal arrangements. Can officials respond quickly, forcefully, and effectively? The Mexican Peso Crisis was the first test of this ability, and therefore is examined as a case study. As the United States attempted to respond to the crisis on its border, several questions about the practical and constitutional propriety of the effort emerged. There is clearly no longer a basic consensus surrounding security issues as existed in the Cold War years. Indeed, for the first time since the end of the Cold War, circumstances forced a …
International Investment And The Prudent Investor Rule: The Trustee's Duty To Consider International Investment Vehicles, Stephen M. Penner
International Investment And The Prudent Investor Rule: The Trustee's Duty To Consider International Investment Vehicles, Stephen M. Penner
Michigan Journal of International Law
Part I of this note will begin with a background of trust and trustees, focusing on the historical development of the trust and the present role of the trustee. Part II presents the Prudent Investor Rule. The problems in trust management which lead to the necessity of the Rule will be explored, as will the evolution of the Rule up to the recent adoption by the American Law Institute of the Third Restatement of Trusts, which is devoted solely to the Prudent Investor Rule. In Part III, the various investment opportunities available to the modern investor will be presented, first …
The Dormant Commerce Clause And State-Mandated Preference Laws In Public Contracting: Developing A More Substantive Application Of The Market-Participant Exception, Benjamin C. Bair
Michigan Law Review
This Note argues that the current focus on the relationship between states and their local governments as the key determinant of the constitutional validity of state-mandated preference laws is flawed. Instead, a court considering the validity of a state-mandated preference law should uphold such a law only if it distributes the benefits of state expenditures to state residents and does not excessively burden interstate commerce.