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Federalism

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Constitutional Law

Michigan Journal of International Law

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Articles 1 - 4 of 4

Full-Text Articles in Law

Can The Eu Be A Constitutional System Without Universal Access To Judical Review, Brian Libgober Apr 2015

Can The Eu Be A Constitutional System Without Universal Access To Judical Review, Brian Libgober

Michigan Journal of International Law

This Comment engages with a central dilemma about the legal order of the European Union: is the EU a constitutional system, a treaty system, or a hybrid system for which we must develop a new conceptual vocabulary? Besides intrinsic interest, resolving this categorization problem is important for deciding a number of issues in European Union law. For example, are legal strategies that are normally available to parties in international law viable in the European legal order? Should Community law be supreme over national law? If so, what limits should be placed on that supremacy, and “who should have the ultimate …


Impediments To Financial Development In The Banking Sector: A Comparison Of The Impact Of Federalism In The United States And Germany, Khalil Nicholas Maalouf Jan 2007

Impediments To Financial Development In The Banking Sector: A Comparison Of The Impact Of Federalism In The United States And Germany, Khalil Nicholas Maalouf

Michigan Journal of International Law

This Note examines how differences in U.S. and German variants of federalism have contributed to the formation and development of the dual banking system in the United States and the three-pillar banking system in Germany. Specifically, this Note considers the manner in which federalism has informed the respective banking systems' reactions to dynamic changes in the global banking industry and analyzes the role federalism has played in contributing to or impeding reform efforts in the United States and Germany.


Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens Jan 2004

Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens

Michigan Journal of International Law

This Article explores whether the Rehnquist Court's federalism doctrine, as elaborated during this last decade, should or ought to extend to the domestication of discrete provisions of ratified human rights treaties. It explores this question by examining the International Covenant on Civil and Political Rights (Covenant) and by considering the civil remedy provision of Violence Against Women Act (VAWA) as potential implementing legislation for the equality provisions of the Covenant. In the context of this inquiry, the discussion engages federalism, as developed by the current Court, on its own terms. That is, I do not seek here to defend it …


Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein Jan 1992

Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein

Michigan Journal of International Law

This essay is a part of a broader study entitled "Post-communist Constitution-making: Confessions of a Comparatist" which focuses on Czechoslovakia.