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Full-Text Articles in Law
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Faculty Publications
Federal law preempts state regulation of motor vehicle emissions. California alone is allowed to seek a waiver of such preemption, and unsuccessfully sought such a waiver for the state's regulations limiting greenhouse gas emissions from motor vehicles. The debate and pending litigation over California's effort to obtain a waiver of preemption has focused attention on the state role in climate change policy. This paper explores the role of state governments in developing climate change policy, with a particular focus on how federalism principles and practice should inform judgments about the division of authority between the state and federal governments. As …
Daubert In The States, Paul C. Giannelli
Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart
Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart
Faculty Publications
My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.
Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal
Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal
Faculty Publications
This Note focuses on the Brown court's analysis of the issue of state court enforcement of the gubernatorial extradition duty imposed by the Extradition Act. It examines the court's construction of the Act, as well as the court's initial decision to frame the basic question addressed as solely one of statutory interpretation. The conclusion reached is that the Brown court's analysis is a product of result-oriented judicial reasoning. This Note does not address the court's handling of enforcement of the federally imposed duty nor the theoretical justifications for gubernatorial discretion in extradition of interstate fugitives
Note, Antitrust Law – Municipal Immunity – Application Of The State Action Doctrine To Municipalities - City Of Lafayette V. Louisiana Power & Light Co., Juliet P. Kostritsky
Note, Antitrust Law – Municipal Immunity – Application Of The State Action Doctrine To Municipalities - City Of Lafayette V. Louisiana Power & Light Co., Juliet P. Kostritsky
Faculty Publications
This noted discusses City of Lafayette v. Louisiana Power & Light Co.
The Ohio Bill Of Rights, Paul C. Giannelli