Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (7)
- State and Local Government Law (4)
- Courts (3)
- Law and Politics (2)
- Arts and Humanities (1)
-
- Bioethics and Medical Ethics (1)
- Dispute Resolution and Arbitration (1)
- Election Law (1)
- Environmental Law (1)
- History (1)
- History of Science, Technology, and Medicine (1)
- Immigration Law (1)
- International Trade Law (1)
- Labor and Employment Law (1)
- Laboratory and Basic Science Research (1)
- Land Use Law (1)
- Law and Society (1)
- Life Sciences (1)
- Medical Jurisprudence (1)
- Medicine and Health Sciences (1)
- Tax Law (1)
- Taxation-Federal (1)
- United States History (1)
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 18 of 18
Full-Text Articles in Law
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Faculty Publications
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anticommandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …
Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits, Julie Heintz
Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits, Julie Heintz
Pepperdine Law Review
No abstract provided.
Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire
Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire
Pepperdine Law Review
No abstract provided.
The False Promise Of The Converse-1983 Action, John F. Preis
The False Promise Of The Converse-1983 Action, John F. Preis
Indiana Law Journal
The federal government is out of control. At least that’s what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens’ constitutional rights. How can states stop this federal juggernaut? Many are advocating a “repeal amendment,” whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can’t repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called “converse-1983” action. The idea for converse-1983 laws has been around for some time but …
Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?, Charity Schiller
Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?, Charity Schiller
Pepperdine Law Review
No abstract provided.
Movsesian V. Victoria Vericherung And The Scope Of The President's Foreign Affairs Power To Preempt Words, Cindy Galway Buys, Grant Gorman
Movsesian V. Victoria Vericherung And The Scope Of The President's Foreign Affairs Power To Preempt Words, Cindy Galway Buys, Grant Gorman
Northern Illinois University Law Review
This article addresses the continuing struggle of the federal courts to define the scope of the federal government’s foreign affairs power to preempt state law. Recently, the Ninth Circuit Court of Appeals did an about face in Movsesian v. Victoria Versicherung, which involved a claim that a California statute using the phrase “Armenian Genocide” is preempted by a few informal nonbinding statements of executive policy made to Congress objecting to the use of those words in Congressional resolutions. In Movsesian I, the Ninth Circuit found the California statute preempted in a decision that would have expanded the federal government’s foreign …
U.S. And Canadian Federalism: Implications For International Trade Regulation, Gregory W. Bowman
U.S. And Canadian Federalism: Implications For International Trade Regulation, Gregory W. Bowman
West Virginia Law Review
No abstract provided.
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
Matan Shmuel
This article deals with the circuit split over whether a government agency can use government attorneys to conceal what would otherwise become public information. Often, a government agency representative might discuss with nearby agency counsel personal legal information outside the scope of their employment. Courts are split over whether this is privileged or not. My article proposes a solution to the split by implementing a factor test which takes into account the government interest in confidentiality, the public need for disclosure, and the ability of the grand jury to find the information elsewhere.
Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson
Federal Constitutions: The Keystone Of Nested Commons Governance, Blake Hudson
Journal Articles
The constitutional structure of a federal system of government can undermine effective natural capital management across scales, from local to global. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain types of natural capital appropriation — such as resources appropriated by private forest management or other land-use-related economic development activities — entrench a legally defensible natural capital commons in those jurisdictions. For example, the same constitution that may legally facilitate poor forest-management practices by private landowners in the southeastern United States may complicate international negotiations related to forest management and climate change. Both the local and international …
Fail-Safe Federalism And Climate Change: The Case Of U.S. And Canadian Forest Policy, Blake Hudson
Fail-Safe Federalism And Climate Change: The Case Of U.S. And Canadian Forest Policy, Blake Hudson
Journal Articles
Recent research demonstrates the difficulties that federal systems of government may present for international treaty formation, a prime example being legally binding treaties aimed at harnessing global forests to regulate climate change. Some federal constitutions, such as the U.S. and Canadian constitutions, grant subnational governments virtually exclusive direct forest management regulatory authority for non-federally owned forests. With subnational governments controlling sixty-five percent of forests in the United States and eighty-four percent in Canada, the U.S. and Canadian federal governments may be constrained during international negotiations and unable to legally bind subnational governments to any agreement prescribing methods of utilizing these …
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
Scholarly Works
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
Its Hour Come Round At Last? State Sovereign Immunity And The Great State Debt Crisis Of The Early Twenty-First Century, Ernest A. Young
Its Hour Come Round At Last? State Sovereign Immunity And The Great State Debt Crisis Of The Early Twenty-First Century, Ernest A. Young
Faculty Scholarship
State sovereign immunity is a sort of constitutional comet, streaking across the sky once a century to the amazement and consternation of legal commentators. The comet’s appearance has usually coincided with major state debt crises: The Revolutionary War debts brought us Chisholm v. Georgia and the Eleventh Amendment, and the Reconstruction debts brought us Hans v. Louisiana and the Amendment’s extension to federal question cases. This essay argues that much of our law of state sovereign immunity, including its odd fictions and otherwise-incongruous exceptions, can be understood as an effort to maintain immunity’s core purpose — protecting the states from …
Employment Arbitration 2011: A Realist View, Laura J. Cooper
Employment Arbitration 2011: A Realist View, Laura J. Cooper
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel
Faculty Scholarship
In this Article, the authors show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that …
Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb
Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb
Scholarly Works
Part I of this Article discusses many of the factors contributing to the fiscal crisis at the local level in New York including historic decreases in federal and state revenue sharing, the imposition of a new property tax cap, the failure of New York to address meaningfully the subject of unfunded mandates on local governments, and the dependency of some local jurisdictions on the timely adoption of a state budget. Part II discusses concepts of deliberative democracy and how local residents might be engaged to become partners with local officials in making difficult fiscal decisions that impact all community residents. …
‘The Ordinary Diet Of The Law’: The Presumption Against Preemption In The Roberts Court, Ernest A. Young
‘The Ordinary Diet Of The Law’: The Presumption Against Preemption In The Roberts Court, Ernest A. Young
Faculty Scholarship
In a preemption case decided over a decade ago, Justice Breyer wrote that “in today’s world, filled with legal complexity, the true test of federalist principle may lie . . . in those many statutory cases where courts interpret the mass of technical detail that is the ordinary diet of the law.” This article surveys the Roberts Court’s preemption jurisprudence, focusing on five cases decided in OT 2010. Young argues that Justice Breyer was right — that is, that because current federalism jurisprudence largely eschews any effort to define exclusive spheres of state and federal regulatory jurisdiction, the most important …
Depoliticizing Federalism, Louis Michael Seidman
Depoliticizing Federalism, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
In his great biography of President Andrew Jackson, Arthur Schlesinger, Jr. celebrated Jackson’s defense of the rights of states and opposition to federal power. Yet as a mid-twentieth century liberal, Schlesinger was a strong supporter of the federal government and an opponent of states’ rights. Was Schlesinger’s position inconsistent? He did not think so, and neither does the author. In Jackson’s time, an entrenched economic elite controlled the federal government and used federal power to dominate the lower classes. State governments served as a focal point for opposition to this domination. By mid-twentieth century, the federal government was an engine …
The Injustice Of Ignorance, Nicholas Tavares
The Injustice Of Ignorance, Nicholas Tavares
Common Reading Essay Contest Winners
Third Place (tie)