Law Commons^™

"What About The 'Ism'?" Normative And Formal Concerns In Contemporary Federalism, Richard Briffault

Vanderbilt Law Review

Contemporary legal discourse concerning federalism has shifted from the formal to the normative, that is, from a focus on the fifty states as unique entities in the American constitutional firmament to a concern with the values of federalism. This normative turn has had some salutary effects. It has sharpened the debate over federalism, reminded us of the impact of the federal design on the substance of American governance, and underscored the interrelationship of government structure and individual rights. But the normative approach has also, paradoxically, moved the focus of federalism away from the states. Many of the arguments offered on …

William J. Harbison, Charles W. Burson

Vanderbilt Law Review

Justice William J. Harbison served on the Tennessee Supreme Court from 1974 through 1990, and served that court as Chief Justice from 1981 to 1982 and from 1987 to 1989. During his tenure he authored numerous opinions that shaped and refined Tennessee law. The following Tribute briefly highlights some of Justice Harbison's most significant opinions.

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Justice Harbison authored a number of important opinions on new statutory schemes. The opinions provided needed guidance on and clarification of the law. For example, in Aluminum Co. of America v. Celauro, his opinion clarified the application of a 1986 statute that …