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Articles 1 - 7 of 7
Full-Text Articles in Law
Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger
Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger
Michael Greenberger
As a direct response to the lackadaisical and much criticized federal handling of Hurricane Katrina, a critical provision within the Fiscal Year 2007 Defense Authorization Act amended in October 2006 the Insurrection Act to allow the President to deploy Federal troops to respond to catastrophic natural disasters and other major domestic emergencies without a prior request from affected state or local governments. This amendment was passed over universal and bipartisan opposition by the Nation's governors, all of whom claimed that this provision upends the delicate balance between Federal and state responsibilities for responding to natural disasters. In fact, this amendment …
False Conflict: Who's In Charge Of National Public Health Catastrophes, Michael Greenberger
False Conflict: Who's In Charge Of National Public Health Catastrophes, Michael Greenberger
Michael Greenberger
Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. The National Response Plan (NRP) adheres to this tenet, while providing for extensive coordination between the federal government and states and localities, if necessary. In doing so, the NRP provides procedures to ensure that federal assets may be brought to bear, without stomping on the nation's time honored commitment to the principles of federalism.
State Constitutionalism And The Right To Health Care, Elizabeth Leonard
State Constitutionalism And The Right To Health Care, Elizabeth Leonard
Elizabeth A. Weeks
This Article examines state constitutions and health care rights. Notably, close to a third of states’ constitutions recognize health while the U.S. Constitution contains no reference. Ample scholarly commentary exists on the absence of a right to health care under the U.S. Constitution but little attention has been paid to state constitutional law. This Article begins by explaining the absence of a federal right and the rationale for looking to state constitutional protections for health. The Article then provides a comprehensive survey of state constitutional provisions and judicial decisions enforcing or interpreting them. The survey reveals certain common themes and …
Keep It Local, Michael E. Lewyn
Keep It Local, Michael E. Lewyn
Michael E Lewyn
Criticizes state-imposed limits on local taxation on the ground that state governments have no legitimate interest in setting local tax rates.
Usery Limits On National Interest, David S. Bogen
Usery Limits On National Interest, David S. Bogen
David S. Bogen
No abstract provided.
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
David S. Bogen
This paper argues that the market participant exception to the dormant commerce clause reflects the same concerns that led to the clear statement doctrine for application of general legislation to the operations of state governments. The genius of the Constitution was to make federal law directly applicable to individuals instead of through state governments – this made enforcement easier and avoided confrontation between the state and nation. Confrontation in which the federal authorities order the state to act in a particular way should be a result of consideration of the need to do so. But the dormant commerce clause by …
Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis
Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis
Nicos Trimikliniotis
This chapter argues that despite the post-colonial Zurich-London legacy and the flaws contained in the final version of the Annan Plan its central pillars provided the basis for a viable, workable and fair constitutional arrangement for both Greek Cypriots and Turkish Cypriots. The plan’s philosophy is in line with human rights conventions, UN resolutions, the EU Acquis and the High Level agreements of 1977 and 1979. It defines ‘a bizonal bicommunal federation with a single sovereignty, international personality and citizenship’. The alternative – the indefinite continuation of de facto partition, or a de jure partition, or a ‘return’ to a …