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Federalism

Maurer School of Law: Indiana University

Legislation

Articles 1 - 5 of 5

Full-Text Articles in Law

Federalism And Family Status, Courtney G. Joslin Apr 2015

Federalism And Family Status, Courtney G. Joslin

Indiana Law Journal

The myth of family law’s inherent localism is sticky. In the past, it was common to hear sweeping claims about the exclusively local nature of all family matters. In response to persuasive critiques, a narrower iteration of family law localism emerged. The new, refined version acknowledges the existence of some federal family law but contends that certain “core” family law matters—specifically, family status determinations—are inherently local. I call this family status localism. Proponents of family status localism rely on history, asserting that the federal government has always deferred to state family status determinations. Family status localism made its most recent …


The Telecommunications Economy And Regulation As Coevolving Complex Adaptive Systems: Implications For Federalism, Barbara A. Cherry Mar 2007

The Telecommunications Economy And Regulation As Coevolving Complex Adaptive Systems: Implications For Federalism, Barbara A. Cherry

Federal Communications Law Journal

Satisfying the constraints for sustainable regulatory telecommunications policies is more challenging for regulatory regimes based on competition than monopoly. In an earlier paper, Johannes Bauer and I used complexity theory to improve our understanding of the requirements for sustainable telecommunications policies, showing that regulation has a diminishing capacity to achieve specifically desired outcomes and greater attention must be paid to the adaptability of policies and policymaking processes themselves. The present Article examines the implications of the complexity theory perspective for federalism. Federalism is a distinctive (patching) algorithm that confers system advantages for adaptability through diversity and coupling of policymaking jurisdictions-mechanisms …


Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton Jan 2003

Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.


Federalism: An Antidote To Congress's Separation Of Powers Anxiety And Executive Order 13,083, Brian E. Bailey Jan 2000

Federalism: An Antidote To Congress's Separation Of Powers Anxiety And Executive Order 13,083, Brian E. Bailey

Indiana Law Journal

No abstract provided.


Federal-State Cooperation For Social Security: The Grant-In-Aid, Frank Edward Horack Jr. Jan 1935

Federal-State Cooperation For Social Security: The Grant-In-Aid, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.