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The Catholic University of America, Columbus School of Law

State and Local Government Law

Articles 1 - 8 of 8

Full-Text Articles in Law

Federal Preemption Of State Tort Claims, Marin Roger Scordato Jan 2001

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles and Other Contributions

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for ...


The New Federalism And The Ada: State Sovereign Immunity From Private Damage Suits After Boerne, Roger C. Hartley Jan 1999

The New Federalism And The Ada: State Sovereign Immunity From Private Damage Suits After Boerne, Roger C. Hartley

Scholarly Articles and Other Contributions

State sanctioned disability-based discrimination comes in two basic flavors: prejudice and thoughtlessness. The former takes disability into consideration, while the latter ignores it. The Fourteenth Amendment's Equal Protection Clause prohibits the prejudice but not the thoughtlessness, at least when the latter is unassociated with irrational assumptions based on myths, fears and stereotypes. Unlike most other civil rights statutes, the Americans With Disabilities Act (hereinafter "ADA" or "Act") prohibits both prejudice and thoughtlessness and aptly has been characterized as a "second-generation civil rights statute."

Unfortunately, the ADA's claim to innovation might yet prove to be its constitutional Achilles heel ...


Bankruptcy Practice In Virginia: A Multifaceted Experience, Veryl Victoria Miles Jan 1995

Bankruptcy Practice In Virginia: A Multifaceted Experience, Veryl Victoria Miles

Scholarly Articles and Other Contributions

No abstract provided.


Federalism: Reconciling A ‘Human Life And ‘States’ Rights Approach To Legal Protection Of The Unborn, Robert A. Destro Jan 1990

Federalism: Reconciling A ‘Human Life And ‘States’ Rights Approach To Legal Protection Of The Unborn, Robert A. Destro

Scholarly Articles and Other Contributions

No abstract provided.


Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman Jan 1980

Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman

Scholarly Articles and Other Contributions

No abstract provided.


Child, Parent, State And The Due Process Clause: An Essay On The Supreme Court’S Recent Work, John H. Garvey Jan 1977

Child, Parent, State And The Due Process Clause: An Essay On The Supreme Court’S Recent Work, John H. Garvey

Scholarly Articles and Other Contributions

This Article will suggest that the right of autonomy, which limits state control over children, should be considered to reside not in the child alone, but in the family, just as the right against state interference with the family structure resides in the family. The shift in focus from children's rights to family rights implicitly accounts for the mental, physical, and emotional differences between children and adults. Moreover, protecting a family's right of autonomy insures that decisions on behalf of the child will be made by those presumptively best able to make such decisions, the parents.


Guide To The New D.C. Marriage And Divorce Law, Harvey L. Zuckman Jan 1977

Guide To The New D.C. Marriage And Divorce Law, Harvey L. Zuckman

Scholarly Articles and Other Contributions

No abstract provided.


Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley Jan 1968

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles and Other Contributions

No abstract provided.