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Articles 1 - 17 of 17
Full-Text Articles in Law
The Fourteenth Amendment And The Heart Of The Constitution, Guy Chet
The Fourteenth Amendment And The Heart Of The Constitution, Guy Chet
SLU Law Journal Online
Since the nineteenth century, Americans have worked consistently to liberate their national government from the Constitutional constraints placed on it by Madison and his colleagues. This effort has transformed the United States from a federated republic in which local communities governed themselves into a modern managerial nation-state that is governed from the center. In this article, Dr. Guy Chet argues that the key to this transformation – of the Constitution and of the United States – was the Fourteenth Amendment.
The Body Politic: Federalism As Feminism In Health Reform, Elizabeth Y. Mccuskey
The Body Politic: Federalism As Feminism In Health Reform, Elizabeth Y. Mccuskey
Saint Louis University Journal of Health Law & Policy
This essay illuminates how modern health law has been mainstreaming feminism under the auspices of health equity and social determinants research. Feminism shares with public health and health policy both the empirical impulse to identify inequality and the normative value of pursing equity in treatment. Using the Affordable Care Act’s federal health insurance reforms as a case study of health equity in action, the essay exposes the feminist undercurrents of health insurance reform and the impulse toward mutuality in a body politic. The essay concludes by revisiting—from a feminist perspective—scholars’ arguments that equity in health insurance is essential for human …
The Upside Of The Downside: Local Human Rights And The Federalism Clauses, Martha F. Davis
The Upside Of The Downside: Local Human Rights And The Federalism Clauses, Martha F. Davis
Saint Louis University Law Journal
No abstract provided.
Federalism As A Problem Of Governance, Not Of Doctrinal Warfare, Edward L. Rubin
Federalism As A Problem Of Governance, Not Of Doctrinal Warfare, Edward L. Rubin
Saint Louis University Law Journal
No abstract provided.
Response To Heather Gerken’S Federalism And Nationalism: Time For A Détente?, Erin Ryan
Response To Heather Gerken’S Federalism And Nationalism: Time For A Détente?, Erin Ryan
Saint Louis University Law Journal
No abstract provided.
The Surprising Resilience Of State Opposition To Abortion: The Supreme Court, Federalism, And The Role Of Intense Minorities In The U.S. Politics System, Gerald N. Rosenberg
The Surprising Resilience Of State Opposition To Abortion: The Supreme Court, Federalism, And The Role Of Intense Minorities In The U.S. Politics System, Gerald N. Rosenberg
Saint Louis University Public Law Review
No abstract provided.
Federalism And Nationalism: Time For A Détente?, Heather K. Gerken
Federalism And Nationalism: Time For A Détente?, Heather K. Gerken
Saint Louis University Law Journal
No abstract provided.
The Rites Of Dissent: Notes On Nationalist Federalism, Jessica Bulman-Pozen
The Rites Of Dissent: Notes On Nationalist Federalism, Jessica Bulman-Pozen
Saint Louis University Law Journal
No abstract provided.
Nationalism As The New Federalism (And Federalism As The New Nationalism): Complementary Account (And Some Challenges) To The Nationalist School, Abbe R. Gluck
Saint Louis University Law Journal
No abstract provided.
Federalism, Democracy, And The Challenge Of Ferguson, Samuel P. Jordan
Federalism, Democracy, And The Challenge Of Ferguson, Samuel P. Jordan
Saint Louis University Law Journal
No abstract provided.
Federalism, Policy Learning, And Local Innovation In Public Health: The Case Of The Supervised Injection Facility, Scott Burris, Evan D. Anderson, Leo Beletsky, Corey S. Davis
Federalism, Policy Learning, And Local Innovation In Public Health: The Case Of The Supervised Injection Facility, Scott Burris, Evan D. Anderson, Leo Beletsky, Corey S. Davis
Saint Louis University Law Journal
No abstract provided.
Cooper V. Aaron And The Faces Of Federalism, Ashutosh Bhagwat
Cooper V. Aaron And The Faces Of Federalism, Ashutosh Bhagwat
Saint Louis University Law Journal
No abstract provided.
Cooperative Federalism And Healthcare Reform: The Medicare Part D ”Clawback” Example, Elizabeth A. Weeks
Cooperative Federalism And Healthcare Reform: The Medicare Part D ”Clawback” Example, Elizabeth A. Weeks
Saint Louis University Journal of Health Law & Policy
No abstract provided.
When Worlds Collide: Federal Construction Of State Institutional Competence, Marcia L. Mccormick
When Worlds Collide: Federal Construction Of State Institutional Competence, Marcia L. Mccormick
All Faculty Scholarship
The federal courts routinely encounter issues of state law. Often a state court will have already analyzed the law at issue, either in a separate case or in the very situation before the federal court. In every one of those cases, the federal courts must decide whether to defer to the state court analysis and, if so, how much. The federal courts will often defer, but many times have not done so, and they rarely explain the reasons for the departures they make. While this lack of transparency gives the federal courts the greatest amount of discretion and power, it …
Teaching New Federalism, Allison H. Eid
Teaching New Federalism, Allison H. Eid
Saint Louis University Law Journal
No abstract provided.
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
All Faculty Scholarship
The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …
State Revocation Of Law Enforcement Officers’ Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman
State Revocation Of Law Enforcement Officers’ Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman
Saint Louis University Public Law Review
No abstract provided.