Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Federalism

Supreme Court of the United States

New York Law School

Publication Year
Publication
Publication Type

Articles 1 - 5 of 5

Full-Text Articles in Law

Introduction: A Tale Of (At Least) Two Federalisms, Denise C. Morgan Jan 2006

Introduction: A Tale Of (At Least) Two Federalisms, Denise C. Morgan

NYLS Law Review

No abstract provided.


Reconceptualizing Federalism, Erwin Chemerinsky Jan 2006

Reconceptualizing Federalism, Erwin Chemerinsky

NYLS Law Review

No abstract provided.


Evolving Understandings Of American Federalism: Some Shifting Parameters, Edward A. Purcell Jr. Jan 2006

Evolving Understandings Of American Federalism: Some Shifting Parameters, Edward A. Purcell Jr.

NYLS Law Review

No abstract provided.


The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker Jan 2006

The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker

NYLS Law Review

No abstract provided.


The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod Jan 2005

The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod

Articles & Chapters

In an unexpected portion of its unanimous opinion in Frew v. Hawkins, 540 U.S. 431 (2004), the SupremeCourt broke new ground on an important question involving consent decrees. The case began when Texas state officials invoked the Eleventh Amendment in their resistance to a federal Medicaid consent decree. TheCourt quickly disposed of that argument, but Justice Anthony Kennedy, writing for the unanimous Court,took the opportunity to forcefully state that consent decrees that intrude on the policy making prerogatives of state and local officials more than is necessary to protect rights undercut the effective functioning of elected state and local governments. …