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2001

Federalism

Duke Law

Articles 1 - 8 of 8

Full-Text Articles in Law

Presidential Review As Constitutional Restoration, John O. Mcginnis Dec 2001

Presidential Review As Constitutional Restoration, John O. Mcginnis

Duke Law Journal

No abstract provided.

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How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner Nov 2001

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner

Duke Law Journal

No abstract provided.

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Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington Oct 2001

Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington

Duke Law Journal

No abstract provided.

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Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young Oct 2001

Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young

Duke Law Journal

From 1937 to 1995, federalism was part of a “Constitution in exile.” Except for the brief interlude of the National League of Cities doctrine2—which, like Napoleon’s ill-fated return from Elba, met with crushing defeat3—the post–New Deal Supreme Court has been almost completely unwilling to enforce constitutional limits on national power vis-à-vis the states. The reason, by all accounts, has much to do with federalism’s historic link to other aspects of our expatriate constitution—e.g., economic substantive due process, legislative nondelegation— which were banished for their collusion against the New Deal.

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Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv Oct 2001

Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv

Duke Law Journal

No abstract provided.

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Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder Oct 2001

Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder

Duke Law Journal

No abstract provided.

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A Localist Critique Of The New Federalism, David J. Barron Oct 2001

A Localist Critique Of The New Federalism, David J. Barron

Duke Law Journal

No abstract provided.

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Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson Oct 2001

Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson

Duke Law Journal

No abstract provided.

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