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Full-Text Articles in Law
The Future Of Federalism, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
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Testing Two Assumptions About Federalism And Tort Reform, Thomas A. Eaton, Susette M. Talarico
Testing Two Assumptions About Federalism And Tort Reform, Thomas A. Eaton, Susette M. Talarico
Scholarly Works
In, 1996 both the United States House of Representatives and Senate passed legislation that, if enacted, would preempt state tort laws in significant ways. Why would a Congress otherwise apparently committed to vesting states with greater policymaking autonomy call for federal control of tort law?
Tort policymaking has traditionally been done at the state level. One assumption underlying this distribution of power is that states are better able than the national government to fashion tort rules appropriate for local conditions and circumstances. In other words, states are thought to have a special competence in crafting tort rules responsive to local …
States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien
States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien
Cleveland State Law Review
The lack of both legislative and judicial integrity led to a governmental system which is federalist in name but centrally planned in reality. Congress regularly passes laws which stretch the conceivable bounds of its powers. By failing to overturn such legislation, the Supreme Court ignores the benefits of federalism and the significance of dual sovereignty. These changes render the individual citizen's opinion rather meaningless while attacking the roots of democracy and threatening the liberties early Americans so earnestly tried to preserve. The People are left without a mechanism through which to speak on a national level. Because of this dissolution …