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Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden
Fordham Urban Law Journal
The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …
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 …