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Articles 1 - 15 of 15

Full-Text Articles in Law

Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker Oct 2001

Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker

University of Miami Law Review

No abstract provided.


The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano Jan 2001

The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano

Villanova Law Review

No abstract provided.


The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam Jan 2001

The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam

Villanova Law Review

No abstract provided.


Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton Jan 2001

Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton

Villanova Law Review

No abstract provided.


Putting The Safeguards Back Into The Political Safeguards Of Federalism, Lynn A. Baker Jan 2001

Putting The Safeguards Back Into The Political Safeguards Of Federalism, Lynn A. Baker

Villanova Law Review

No abstract provided.


Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart Jan 2001

Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart

Villanova Law Review

No abstract provided.


Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz Jan 2001

Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz

Villanova Law Review

No abstract provided.


Toward Political Safeguards Of Self-Determination, Gregory P. Magarian Jan 2001

Toward Political Safeguards Of Self-Determination, Gregory P. Magarian

Villanova Law Review

No abstract provided.


W(H)Ither Zschernig, Carlos Manuel Vazquez Jan 2001

W(H)Ither Zschernig, Carlos Manuel Vazquez

Villanova Law Review

No abstract provided.


Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo Jan 2001

Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo

Villanova Law Review

No abstract provided.


Two Cheers For Process Federalism, Ernest A. Young Jan 2001

Two Cheers For Process Federalism, Ernest A. Young

Villanova Law Review

No abstract provided.


When Can A State Be Sued?, William W. Van Alstyne Jan 2001

When Can A State Be Sued?, William W. Van Alstyne

Faculty Scholarship

In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by a five-to-four …


Does Commerce Clause Review Have Perverse Effects, Adrian Vermeule Jan 2001

Does Commerce Clause Review Have Perverse Effects, Adrian Vermeule

Villanova Law Review

No abstract provided.


Women Do Not Report The Violence They Suffer: Violence Against Women And The State Action Doctrine, Michelle J. Anderson Jan 2001

Women Do Not Report The Violence They Suffer: Violence Against Women And The State Action Doctrine, Michelle J. Anderson

Villanova Law Review

No abstract provided.


Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet Jan 2001

Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Essay examines the contours of what I have elsewhere called the new constitutional order with respect to international human rights and federalism. The background is my suggestion that the U.S. political-constitutional system is on the verge of moving into a new constitutional regime, following the end of the New Deal-Great Society constitutional regime. The Supreme Court's innovations in the law of federalism in connection with Congress's exercise of its powers over domestic affairs has provoked speculation about the implications of those innovations for the national government's power with respect to foreign affairs. Most of the speculation has been that …