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Articles 1 - 14 of 14

Full-Text Articles in Law

Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten Dec 2005

Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten

William & Mary Law Review

No abstract provided.


Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman Nov 2005

Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman

William & Mary Law Review

No abstract provided.


Sex, Politics, And Morality, Edward L. Rubin Oct 2005

Sex, Politics, And Morality, Edward L. Rubin

William & Mary Law Review

No abstract provided.


Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young Mar 2005

Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young

William & Mary Law Review

No abstract provided.


Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager Feb 2005

Cool Federalism And The Life-Cycle Of Moral Progress, Lawrence G. Sager

William & Mary Law Review

No abstract provided.


Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi Feb 2005

Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi

William & Mary Law Review

No abstract provided.


Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro Feb 2005

Interjurisdictional Enforcement Of Rights In A Post-Erie World, Robert A. Schapiro

William & Mary Law Review

No abstract provided.


In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard Feb 2005

In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard

William & Mary Law Review

No abstract provided.


Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner Feb 2005

Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner

William & Mary Law Review

No abstract provided.


Weighing In On The Wine Wars: What The European Union Can Teach Us About The Direct Shipment Controversy, Jonathan W. Garlough Feb 2005

Weighing In On The Wine Wars: What The European Union Can Teach Us About The Direct Shipment Controversy, Jonathan W. Garlough

William & Mary Law Review

No abstract provided.


Bridging The Enforcement Gap In Constitutional Law: A Critique Of The Supreme Court's Theory That Self-Restraint Promotes Federalism, Robert J. Pushaw Jr. Feb 2005

Bridging The Enforcement Gap In Constitutional Law: A Critique Of The Supreme Court's Theory That Self-Restraint Promotes Federalism, Robert J. Pushaw Jr.

William & Mary Law Review

No abstract provided.


State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism Or Prospective Lockstepping?, Robert F. Williams Feb 2005

State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism Or Prospective Lockstepping?, Robert F. Williams

William & Mary Law Review

No abstract provided.


The State And The Federal Courts In Governance: Vive La Difference!, Hans A. Linde Feb 2005

The State And The Federal Courts In Governance: Vive La Difference!, Hans A. Linde

William & Mary Law Review

No abstract provided.


Dual Constitutions And Constitutional Duels: Separation Of Powers And State Implementation Of Federally Inspired Regulatory Programs And Standards, Jim Rossi Feb 2005

Dual Constitutions And Constitutional Duels: Separation Of Powers And State Implementation Of Federally Inspired Regulatory Programs And Standards, Jim Rossi

William & Mary Law Review

Frequently, state-wide executive agencies and localities attempt to implement federally inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific law. Federally inspired programs can bump into state constitutional restrictions on the allocation of powers, especially in states whose constitutional systems embrace stronger prohibitions on legislative delegation than the weak restrictions at the federal level, where national goals and standards are made.

This Article addresses this tension between dual federal/state normative accounts of the constitutional allocation of powers in state implementation of federally inspired programs. To the extent the predominant ways of resolving the …