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Articles 1 - 14 of 14

Full-Text Articles in Law

Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young Oct 2001

Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young

Duke Law Journal

From 1937 to 1995, federalism was part of a “Constitution in exile.” Except for the brief interlude of the National League of Cities doctrine2—which, like Napoleon’s ill-fated return from Elba, met with crushing defeat3—the post–New Deal Supreme Court has been almost completely unwilling to enforce constitutional limits on national power vis-à-vis the states. The reason, by all accounts, has much to do with federalism’s historic link to other aspects of our expatriate constitution—e.g., economic substantive due process, legislative nondelegation— which were banished for their collusion against the New Deal.


Stock Market Volatility And 401 (K) Plans, Colleen E. Medill May 2001

Stock Market Volatility And 401 (K) Plans, Colleen E. Medill

University of Michigan Journal of Law Reform

Many workers today depend on their 401(k) plan to provide them with an adequate income during retirement. For these workers to achieve retirement income security, their 401(k) plan investments must perform well over their working lifetime. Employers' selection of investment options for the 401(k) plan, a fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA), plays a critical role in determining investment performance. In this Article, Professor Medill uses a series of hypothetical litigation scenarios to illustrate how interpretation of the employer's duty of prudence and duty of loyalty under ERISA present different policy choices for the …


Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin Apr 2001

Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin

The Journal of Appellate Practice and Process

Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.


Publicity And The Judicial Power, Daniel N. Hoffman Apr 2001

Publicity And The Judicial Power, Daniel N. Hoffman

The Journal of Appellate Practice and Process

The judicial branch was created in order to ensure that the rule of law and not the rule of man prevailed. Judges must use reasoning and analysis to fulfill this role. Making decisions based on mere coin tosses or without giving a reason for the decision detracts from the rule of law. Issuing decisions that cannot be published or cited also detracts the judicial role of ensuring that law rules the land.


Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins Mar 2001

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins

Duke Law Journal

No abstract provided.


Interpreting Urugual Round Agreements Act Section 102(B)'S Safeguards For State Sovereignty: Reconciling Judicial Independence With The United States Trade Representative's Policy Expertise, Brandon Johnson Jan 2001

Interpreting Urugual Round Agreements Act Section 102(B)'S Safeguards For State Sovereignty: Reconciling Judicial Independence With The United States Trade Representative's Policy Expertise, Brandon Johnson

Michigan Journal of International Law

In this Note, I address the concerns of one aspect of this academic commentary-the claim that the WTO Agreement may cause a tectonic shift in domestic regulatory power, away from the states and toward the federal government and/or the WTO. I argue that while the concerns about the loss of national sovereignty are exaggerated, there is a very real threat to the sovereignty of the States. Congress was aware of this danger and included a variety of provisions designed specifically to protect state sovereignty from federal encroachment in the Uruguay Round Agreements Act (URAA), the federal legislation incorporating the WTO …


Sumner Canary Lecture Judging Under The Aegis Of The Third Article, Louis H. Pollak Jan 2001

Sumner Canary Lecture Judging Under The Aegis Of The Third Article, Louis H. Pollak

Case Western Reserve Law Review

No abstract provided.


Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin Jan 2001

Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.


Response To Robert P. George, Natural Law, The Constitution, And The Theory And Practice Of Judicial Review, Joseph W. Koterski Jan 2001

Response To Robert P. George, Natural Law, The Constitution, And The Theory And Practice Of Judicial Review, Joseph W. Koterski

Fordham Law Review

No abstract provided.


A Further Comment On Robert P. George's "Natural Law", James E. Fleming Jan 2001

A Further Comment On Robert P. George's "Natural Law", James E. Fleming

Fordham Law Review

No abstract provided.


The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley Jan 2001

The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley

Fordham Law Review

No abstract provided.


Natural Law And The Constitution Revisited, Robert P. George Jan 2001

Natural Law And The Constitution Revisited, Robert P. George

Fordham Law Review

No abstract provided.


What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton Jan 2001

What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton

Oklahoma Law Review

No abstract provided.


Terry Firma: Background Democracy And Constitutional Foundations, Frank I. Michelman Jan 2001

Terry Firma: Background Democracy And Constitutional Foundations, Frank I. Michelman

Michigan Law Review

Ages ago, I had the excellent luck to fall into a collaboration with Terrance Sandalow to produce a casebook now long forgotten. There could have been no more bracing or beneficial learning experience for a fledgling legal scholar (meaning me). What brought us together indeed was luck from my standpoint, but it was enterprise, too - the brokerage of an alert West Publishing Company editor picking up on a casual remark of mine as he made one of his regular sweeps through Harvard Law School. A novice law professor, I mentioned to him how much I admired a new essay …