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Articles 1 - 18 of 18
Full-Text Articles in Law
Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel
Impermeable Federalism, Pragmatic Silence, And The Long Range Plan For The Federal Courts, Lauren K. Robel
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Proposed Long Range Plan For The Federal Courts: Ambition Or Abdication?, Myra C. Selby
Proposed Long Range Plan For The Federal Courts: Ambition Or Abdication?, Myra C. Selby
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker
Federal Court Long Range Planning: Fine Lines And Tightropes, Sarah Evans Barker
Indiana Law Journal
Symposium: The Indiana Law Journal Forum on the Long Range Plan for the Federal Courts
Cooperative Implementation Of Federal Regulations, Douglas C. Michael
Cooperative Implementation Of Federal Regulations, Douglas C. Michael
Law Faculty Scholarly Articles
Professor Michael examines regulatory programs in which the federal government leaves many compliance decisions up to the regulated entities themselves. Drawing on prior research and theory in the area, he concludes that such "cooperative implementation" is feasible if three principles are observed: (1) regulatory standards are written to leave discretion in methods of compliance and that discretion is within the competence of the regulated entities; (2) there are economic incentives to offset the additional costs to these entities; and (3) the entities self-report their own compliance, the agency closely monitors the program, and the agency maintains a residual program of …
The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.
The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
15 pages.
The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii
The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii
West Virginia Law Review
No abstract provided.
State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor
State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor
West Virginia Law Review
No abstract provided.
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
West Virginia Law Review
No abstract provided.
Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively
Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively
West Virginia Law Review
No abstract provided.
For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling
For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling
West Virginia Law Review
No abstract provided.
Introduction: Macro And Micro Evaluation Of The Federalization Of Crime, Gerald G. Ashdown
Introduction: Macro And Micro Evaluation Of The Federalization Of Crime, Gerald G. Ashdown
West Virginia Law Review
No abstract provided.
Federalism, Federalization, And The Politics Of Crime, Gerald G. Ashdown
Federalism, Federalization, And The Politics Of Crime, Gerald G. Ashdown
West Virginia Law Review
No abstract provided.
The Characterization Of Barriers To Interprovincial Trade Under The Canadian Constitution, George Vegh
The Characterization Of Barriers To Interprovincial Trade Under The Canadian Constitution, George Vegh
Osgoode Hall Law Journal
This article identifies barriers to interprovincial trade as a legislative subject matter under the constitutional division of powers. It argues that interprovincial trade barriers should be characterized in terms of the disproportionate impact that provincial measures have on the flow of trade between the provinces. The term "disproportionate impact" means the measures' impediments to the flow of trade which are not necessary to implement the objectives of provincial legislation. This method of identifying trade barriers has been used to address trade barriers and other arrangements, such as the General Agreement on Tariffs and Trade, the Canada-United States Free Trade Agreement, …
Symposium: The New Federalism After United States Vs. Lopez - Acknowledgment, Case Western Reserve University Law Review
Symposium: The New Federalism After United States Vs. Lopez - Acknowledgment, Case Western Reserve University Law Review
Case Western Reserve Law Review
No abstract provided.
The Future Of Federalism, Robert F. Nagel
The Future Of Federalism, Robert F. Nagel
Case Western Reserve Law Review
No abstract provided.
Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale
Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale
Faculty Scholarship
This article examines the history of federal criminal jurisdiction and criminal enforcement, and reviews federal caseload statistics. The federal criminal caseload grew dramatically between 1980 and the mid-1990s, but this increase tells only part of the story. The federal criminal caseload has fluctuated widely over the past two decades, and the number of criminal cases today is about the same as it was in the early 1970s. Although criminal cases now account for only one-fifth of the federal caseload, they take a large and disproportionate share of federal judicial resources. In more than one-third of federal judicial districts, criminal cases …
The New Federalism After United States Vs. Lopez - Introduction, Jonathan L. Entin
The New Federalism After United States Vs. Lopez - Introduction, Jonathan L. Entin
Case Western Reserve Law Review
No abstract provided.
Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland
Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland
Cleveland State Law Review
This commentary takes a look at recent Libertarian literature, specifically: Harry Browne's Why Government Doesn't Work, Charles Murray's What It Means To Be a Libertarian, and David Boaz' Libertarianism: A Primer. These books critique federal government programs and specific policy proposals, and in the process they raise several questions that are fundamental to the American experiment with human liberty within the constitutional framework bequeathed to us by Jefferson, Madison, Hamilton, the other founders, and the People who ratified the Constitution. Section II seeks to figure out how to describe Libertarians. Section III discusses the fallacy of legislative omnipotence, including the …