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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
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
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
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
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
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
Villanova Law Review
No abstract provided.
Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz
Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz
Villanova Law Review
No abstract provided.
Toward Political Safeguards Of Self-Determination, Gregory P. Magarian
Toward Political Safeguards Of Self-Determination, Gregory P. Magarian
Villanova Law Review
No abstract provided.
W(H)Ither Zschernig, Carlos Manuel Vazquez
Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo
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
Two Cheers For Process Federalism, Ernest A. Young
Villanova Law Review
No abstract provided.
When Can A State Be Sued?, William W. Van Alstyne
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
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
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
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 …