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Articles 1 - 6 of 6
Full-Text Articles in Law
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Margaret Hu
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 anti-commandeering 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 …
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Jonas Monast
No abstract provided.
Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin
Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Faculty Scholarship
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 anti-commandeering 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 …
Plenary Power Preemption, Kerry Abrams