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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 Oct 1996

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 Oct 1996

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 Oct 1996

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 Jul 1996

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. Jun 1996

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 Apr 1996

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 Apr 1996

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 Apr 1996

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 Apr 1996

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 Apr 1996

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 Apr 1996

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 Apr 1996

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 Apr 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 …