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National League Of Cities And The Parker Doctrine: The Status Of State Sovereignty Under The Commerce Clause, Stephen G. Rooney
National League Of Cities And The Parker Doctrine: The Status Of State Sovereignty Under The Commerce Clause, Stephen G. Rooney
Fordham Urban Law Journal
This comment aims to convey a clear definition of the Supreme Court's views on federalism and state sovereignty. It argues that the Court has recently used antitrust cases and doctrines to establish state sovereignty as a limit to federal commerce power. This comment looks to both the doctrine created by the U.S. Supreme Court in the antitrust case Parker v. Brown and the Court's decision in National League of Cities v. Usery to clarify the role of state sovereignty in the face federal commerce power. It compares these two views of state sovereignty in order to develop a better understanding …
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Fordham Urban Law Journal
This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate …
Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky
Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky
Fordham Urban Law Journal
The power of the federal government to regulate aspects of private employment (i.e., minimum wages, overtime pay, the right to unionize) has become a recognized aspect of the relationship between employers and employees. The Supreme Court has upheld such federal regulation as a valid exercise of congressional power to regulate interstate commerce. In the past decade, Congress has extended the coverage of labor statutes to workers in the public sector. The Fair Labor Standards Act (FLSA) was enacted to foster the "maintenance of the minimum standards of living necessary for health, efficiency and general well-being of workers..." To achieve this …