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Full-Text Articles in Law
Can Erie Survive As Federal Common Law?, Craig Green
Can Erie Survive As Federal Common Law?, Craig Green
William & Mary Law Review
No abstract provided.
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
William & Mary Law Review
No abstract provided.
Federalism Under Obama, Gillian E. Metzger
Federalism Under Obama, Gillian E. Metzger
William & Mary Law Review
No abstract provided.
Legislating Preemption, Jamelle C. Sharpe
Legislating Preemption, Jamelle C. Sharpe
William & Mary Law Review
Federal preemption is perhaps the most important public law issueof the day. The stakes in preemption cases are enormous, as preemption determines whether the federal government or the statescontrol regulatory policy in a host of politically controversial contexts. Congress clearly has primary constitutional authority insetting federal preemption policy, but, for numerous political and practical reasons, cannot be solely responsible for its implementation.Determining which organ of the federal government is best at implementing preemption policy has therefore become the central preoccupation of the academic literature. While this comparative institutional analysis is certainly important in allocating preemptionpolicy-making business, it has elided a …
The Vote From Beyond The Grave, Krysta R. Edwards
The Vote From Beyond The Grave, Krysta R. Edwards
William & Mary Law Review
No abstract provided.
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
William & Mary Law Review
This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, Congress has eliminated state tort law entirely in targeted areas without replacing it with corresponding federal remedies. The Supreme …
Of State Laboratories And Legislative Alloys: How "Fair Share" Laws Can Be Written To Avoid Erisa Preemption And Influence Private Sector Health Care Reform In America, Darren Abernethy
William & Mary Law Review
No abstract provided.
The New Massachusetts Health Law: Preemption And Experimentation, Edward A. Zelinsky
The New Massachusetts Health Law: Preemption And Experimentation, Edward A. Zelinsky
William & Mary Law Review
The Employee Retirement Income Security Act of 1974 (ERISA) preempts major features of the new Massachusetts health law. Although regrettable, this conclusion is mandated by ERISA's statutory terminology and the controlling case law. Other states, in fashioning their health care policies, are looking at elements of the new Massachusetts law. Just as ERISA preempts the individual and business contribution mandates of the Massachusetts statute, ERISA will preempt any similar provisions adopted by other states.
Because state experimentation with health care is particularly desirable today, Congress should, at a minimum, amend ERISA to validate the new Massachusetts health law. More comprehensively, …
Democratizing The Administrative State, Richard J. Pierce Jr.
Democratizing The Administrative State, Richard J. Pierce Jr.
William & Mary Law Review
Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court retreated from that abyss and took a major step toward legitimating and democratizing the administrative state. It instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute, basing this doctrine of deference on the superior political accountability of agencies. Henceforth, politically unaccountable judges were prohibited from substituting their policy preferences for those of politically accountable agencies. The …
Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro
Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro
William & Mary Law Review
No abstract provided.
Dual Constitutions And Constitutional Duels: Separation Of Powers And State Implementation Of Federally Inspired Regulatory Programs And Standards, Jim Rossi
William & Mary Law Review
Frequently, state-wide executive agencies and localities attempt to implement federally inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific law. Federally inspired programs can bump into state constitutional restrictions on the allocation of powers, especially in states whose constitutional systems embrace stronger prohibitions on legislative delegation than the weak restrictions at the federal level, where national goals and standards are made.
This Article addresses this tension between dual federal/state normative accounts of the constitutional allocation of powers in state implementation of federally inspired programs. To the extent the predominant ways of resolving the …
American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey
American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey
William & Mary Law Review
No abstract provided.
The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk
The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk
William & Mary Law Review
No abstract provided.
Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles
Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles
William & Mary Law Review
No abstract provided.
Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson
Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson
William & Mary Law Review
No abstract provided.
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
William & Mary Law Review
No abstract provided.
The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero
The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero
William & Mary Law Review
No abstract provided.
Bank Mergers And The Antitrust Laws: The Case For Dual State And Federal Enforcement, Robert F. Roach
Bank Mergers And The Antitrust Laws: The Case For Dual State And Federal Enforcement, Robert F. Roach
William & Mary Law Review
No abstract provided.
Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson
Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson
William & Mary Law Review
No abstract provided.
Using Currie's Interest Analysis To Resolve Conflicts Between State Regulation And The Sherman Act, James R. Ratner
Using Currie's Interest Analysis To Resolve Conflicts Between State Regulation And The Sherman Act, James R. Ratner
William & Mary Law Review
No abstract provided.
The Constitution And The Market For Corporate Control: State Takeover Statutes After Cts Corp., Arthur R. Pinto
The Constitution And The Market For Corporate Control: State Takeover Statutes After Cts Corp., Arthur R. Pinto
William & Mary Law Review
No abstract provided.
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
William & Mary Law Review
No abstract provided.
The Labor Preemption Doctrine: Hamiltonian Renaissance Or Last Hurrah?, David L. Gregory
The Labor Preemption Doctrine: Hamiltonian Renaissance Or Last Hurrah?, David L. Gregory
William & Mary Law Review
No abstract provided.
State Courts And Federalism In The 1980'S: Comment, Robert J. Sheran
State Courts And Federalism In The 1980'S: Comment, Robert J. Sheran
William & Mary Law Review
No abstract provided.
The Uncertain Nature Of Federal Jurisdiction, Martha A. Field
The Uncertain Nature Of Federal Jurisdiction, Martha A. Field
William & Mary Law Review
No abstract provided.
Trends In The Relationship Between The Federal And State Courts From The Perspective Of A State Court Judge, Sandra D. O'Connor
Trends In The Relationship Between The Federal And State Courts From The Perspective Of A State Court Judge, Sandra D. O'Connor
William & Mary Law Review
No abstract provided.
State Courts And Federalism In The 1980'S: Comment, Ruggero J. Aldisert
State Courts And Federalism In The 1980'S: Comment, Ruggero J. Aldisert
William & Mary Law Review
No abstract provided.
The Uses Of Jurisdictional Redundancy: Interest, Ideology, And Innovation, Robert M. Cover
The Uses Of Jurisdictional Redundancy: Interest, Ideology, And Innovation, Robert M. Cover
William & Mary Law Review
No abstract provided.
Kneeling To The Sec Rules: The Virginia Takeover Act And Sec Tender Offer Rule 14d-2(B), R. Grant Decker Jr.
Kneeling To The Sec Rules: The Virginia Takeover Act And Sec Tender Offer Rule 14d-2(B), R. Grant Decker Jr.
William & Mary Law Review
No abstract provided.
Accomodation Of Federal Patents And The State Interest In Trade Secrets
Accomodation Of Federal Patents And The State Interest In Trade Secrets
William & Mary Law Review
No abstract provided.