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Articles 1 - 18 of 18
Full-Text Articles in Law
Federalism And Gender Equality, Susan H. Williams
Federalism And Gender Equality, Susan H. Williams
Articles by Maurer Faculty
Despite the enormous literature on federalism in constitutional design, and the growing attention to gender equality in constitutional design, there has been remarkably little attention paid to the interaction between the two. This article seeks to provide a summary of the existing literature on this intersection, to apply the insights of that literature to the case of Myanmar, and to offer a contribution concerning the theoretical connections between federalism and gender equality. The analysis generates four primary conclusions. First, federalism is inherently neither good nor bad for gender equality: it all depends on the details of the federal system and …
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
Articles by Maurer Faculty
State wildlife conservation programs are essential to accomplishing the national goal of extinction prevention. By virtue of their constitutional powers, their expertise, and their on-the-ground personnel, states could—in theory—accomplish far more than the federal agencies directly responsible for implementing the Endangered Species Act (ESA). States plausibly argue that they can catalyze collaborative conservation that brings together key stakeholders to improve conditions for imperiled species. Bills to revise the ESA seek to delegate greater authority to states. We evaluated states’ imperiled species legislation to determine their legal capacity to employ the key regulatory tools that prompt collaborative conservation. All but four …
From Global To Polycentric Climate Governance, Daniel H. Cole
From Global To Polycentric Climate Governance, Daniel H. Cole
Articles by Maurer Faculty
Global governance institutions for climate change, such as those established by the United Nations Framework Convention on Climate Change and the Kyoto Protocol, have so far failed to make a significant impact on greenhouse gas emissions. Following the lead of Elinor Ostrom, this paper offers an alternative theoretical framework for reconstructing global climate policy in accordance with the polycentric approach to governance pioneered in the early 1960s by Vincent Ostrom, Charles Tiebout, and Robert Warren. Instead of a thoroughly top-down global regime, in which lower levels of government simply carry out the mandates of international negotiators, a polycentric approach provides …
Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King
Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King
Articles by Maurer Faculty
This article considers recent trends in federalism, with particular attention to natural resource law's statutory savings clauses. It begins with a case study of elk management in Jackson Hole, Wyoming. The elk controversy shows how a statutory savings clause can provide a state with traction to advance its interests, and demonstrates how the political winds of change can shift the balance of state-federal relations. The article then focuses on the common statutory savings clauses and their roles in circumscribing federal agency authority and establishing a basis for cooperation between federal and state governments. We analyze the interpretive approaches the judiciary …
Habitat Federalism, Robert L. Fischman
Habitat Federalism, Robert L. Fischman
Articles by Maurer Faculty
THE COMMON IMAGE OF COOPERATIVE FEDERALISM INVOLVES the Environmental Protection Agency (EPA) inducing states to adopt permit and other pollution abatement programs. States can tailor some standards, but public health benchmarks and end-of-the-pipe technologies are uniform across the nation. Inducements include both carrots, mostly in the form of federal funds and flexibility, and sticks, mostly in the form of penalties and loss of control.
This essay discusses cooperative federalism for habitat conservation. Habitat federalism focuses more on ecology than chemistry, more on cities and counties than states, and more on place-based variation than on uniform standards. It is about how …
Federalism And The Federal Criminal Law, Craig M. Bradley
Federalism And The Federal Criminal Law, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Federalism And The Idea Of Law Practice, Patrick Baude
Federalism And The Idea Of Law Practice, Patrick Baude
Articles by Maurer Faculty
No abstract provided.
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
Articles by Maurer Faculty
No abstract provided.
Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle
Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman
The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Prospects For Federalism, Maurice J. Holland
Prospects For Federalism, Maurice J. Holland
Articles by Maurer Faculty
No abstract provided.
Federalism And Obscenity, Robert M. O'Neil
Federalism And Obscenity, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Book Review. Why Federations Fail: An Inquiry Into The Requisites For Successful Federalism, Robert L. Birmingham
Book Review. Why Federations Fail: An Inquiry Into The Requisites For Successful Federalism, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs
Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall
Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Federal-State Cooperation For Social Security: The Grant-In-Aid, Frank Edward Horack Jr.
Federal-State Cooperation For Social Security: The Grant-In-Aid, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Our Dual Form Of Government, Hugh Evander Willis
Our Dual Form Of Government, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.