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Full-Text Articles in Law

Federal Common Law, Climate Torts, And Preclusion, Tom Boss Dec 2023

Federal Common Law, Climate Torts, And Preclusion, Tom Boss

Washington and Lee Law Review Online

Municipalities have been trying for decades to hold energy companies accountable for their role in the climate change crisis. In an effort to prevent suits, these companies are pushing the novel legal theory that federal common law provides a basis for jurisdiction in federal court over these claims. Once in federal court, the defendants argue that the very federal common law that served as the basis for removal has been displaced by the Clean Air and Clean Water Acts. This would then justify dismissal of the entire case for failure to state a claim. Luckily for the plaintiffs, nearly all …


Constitutional Confidentiality, Natalie Ram, Jorge L. Contreras, Laura M. Beskow, Leslie E. Wolf Oct 2023

Constitutional Confidentiality, Natalie Ram, Jorge L. Contreras, Laura M. Beskow, Leslie E. Wolf

Washington and Lee Law Review

Federal Certificates of Confidentiality (“Certificates”) protect sensitive information about human research subjects from disclosure and use in judicial, administrative, and legislative proceedings at both the state and federal levels. When they were first authorized by Congress in the 1970s, Certificates covered sensitive information collected in research about drug addiction use. Today, however, they extend to virtually all personal information gathered by biomedical research studies. The broad reach of Certificates, coupled with their power to override state subpoenas and warrants issued in the context of law enforcement, abortion regulation, and other police powers typically under state control, beg the question whether …


The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell Jan 2023

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarly Articles

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: By depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To its critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction-stripping measures as a way for Congress to reclaim policymaking authority from the courts.

The conventional understanding is wrong. Whatever …


Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell Mar 2020

Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell

Washington and Lee Law Review

State sovereignty, once seemingly sidelined in personal jurisdiction analysis, has returned with a vengeance. Driven by the idea that states must not offend rival states in their jurisdictional reach, some justices have looked for specific targeting of individual states as individual states by the defendant in order to justify an assertion of personal jurisdiction. To allow cases to proceed based on national targeting alone, they argue, would diminish the sovereignty of any state that the defendant had specifically targeted.

This Article looks for the first time at how this emphasis on state sovereignty limits national sovereignty, especially where alien defendants …


Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies Nov 2018

Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies

Washington and Lee Law Review

No abstract provided.


Administrative Federalism As Separation Of Powers, David S. Rubenstein Jan 2015

Administrative Federalism As Separation Of Powers, David S. Rubenstein

Washington and Lee Law Review

Federal agencies are key players in our federalist system: they make front-line decisions about the scope of federal policy and whether such policy should preempt state law. How agencies perform these functions, and how they might fulfill them better, are questions at the heart of “administrative federalism.” Some academic proposals for administrative federalism work to enhance states’ ability to participate in federal agency decisionmaking. Other proposals work to protect state autonomy through adjustments to the Supreme Court’s administrative preemption doctrine. As jurists and scholars debate what these proposals entail for federalism, this Article doubles-down with a twist: it examines what …


Dynamic Forest Federalism, Blake Hudson Jun 2014

Dynamic Forest Federalism, Blake Hudson

Washington and Lee Law Review

State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically—the constitutional validity of expanded federal regulatory authority over resources has consistently been …


Anti-Federalist Procedure, A. Benjamin Spencer Jan 2007

Anti-Federalist Procedure, A. Benjamin Spencer

Washington and Lee Law Review

No abstract provided.


New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown Mar 2003

New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown

Washington and Lee Law Review

No abstract provided.


How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright Sep 2002

How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright

Washington and Lee Law Review

No abstract provided.


The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii Sep 2002

The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii

Washington and Lee Law Review

No abstract provided.


The New Federalism Jurisprudence And National Tort Reform, Betsy J. Grey Mar 2002

The New Federalism Jurisprudence And National Tort Reform, Betsy J. Grey

Washington and Lee Law Review

No abstract provided.


Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham Sep 2000

Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham

Washington and Lee Law Review

No abstract provided.


California Coastal Comm'n V. Granite Rock Co., Lewis F. Powell Jr. Oct 1986

California Coastal Comm'n V. Granite Rock Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Utah Division Of State Lands V. United States, Lewis F. Powell Jr Oct 1986

Utah Division Of State Lands V. United States, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Justice Sandra Day O'Connor: Trends Toward Judicial Restraint Sep 1985

Justice Sandra Day O'Connor: Trends Toward Judicial Restraint

Washington and Lee Law Review

No abstract provided.


Garcia V. San Antonio Metropolitan Transit Authority, Lewis F. Powell Jr Oct 1984

Garcia V. San Antonio Metropolitan Transit Authority, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Emerging Concepts Of Federalism: Limitations On The Spending Power And National Health Planning Sep 1977

Emerging Concepts Of Federalism: Limitations On The Spending Power And National Health Planning

Washington and Lee Law Review

No abstract provided.


Federalism And The Law Of Securities Regulation: Thelegacy Of Brown V. Board Of Education, Jan G. Deutsch, Lewis H. Larue Jun 1977

Federalism And The Law Of Securities Regulation: Thelegacy Of Brown V. Board Of Education, Jan G. Deutsch, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.