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Full-Text Articles in Law
Justiciability, Federalism, And The Administrative State, Zachary D. Clopton
Justiciability, Federalism, And The Administrative State, Zachary D. Clopton
Cornell Law Review
Article III provides that the judicial power of the United States extends to certain justiciable cases and controversies. So if a plaintiff bringing a federal claim lacks constitutional standing or her dispute is moot under Article III, then a federal court should dismiss. But this dismissal need not end the story. This Article suggests a simple, forward-looking reading of case-or-controversy dismissals: they should be understood as invitations to legislators to consider other pathways for adjudication. A case dismissed for lack of standing, for mootness, or for requesting an advisory opinion might be a candidate for resolution in a state court …
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson
Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson
Cornell Journal of Law and Public Policy
This Article argues that filling the energy governance gaps regarding unconventional natural gas can best be accomplished through collaborative governance that is genuinely adaptive and cooperative. Through cooperative federalism, combined with procedural rights for inclusive, innovative decision-making, state and non-state actors should design and implement the requisite safeguards before further natural gas development advances. Hydraulic fracturing provisions are strikingly fragmented and have sparked a fierce debate about chemical disclosure, radioactive wastewater disposal, and greenhouse gas emissions. United States natural gas production may stunt the direction and intensity of renewable energy by up to two decades and will not provide a …
Water Pollution And Regulatory Cooperation In China, Hong Lan, Michael A. Livermore, Craig A. Wenner
Water Pollution And Regulatory Cooperation In China, Hong Lan, Michael A. Livermore, Craig A. Wenner
Cornell International Law Journal
Government authority in China, while constitutionally organized as a unitary sovereign, is, in practice, a complex system of informal and formal divisions of authority between national, provincial, and local political actors. In the context of water pollution control, an issue of considerable interest in China, both central and subnational authorities have key roles. The incentives faced by some officials, however, are ill-aligned with environmental protection, predictably leading to inefficiently high levels of pollution. Recent changes in China's water pollution regime have the potential to create a more successful cooperative arrangement between the national and subnational governments. These reforms impose stronger …
Beyond The Employee Free Choice Act: Unleashing The States In Labor-Management Relations Policy, Henry H. Drummonds
Beyond The Employee Free Choice Act: Unleashing The States In Labor-Management Relations Policy, Henry H. Drummonds
Cornell Journal of Law and Public Policy
No abstract provided.
Sharing Governance: Family Law In Congress And The States, Ann Laquer Estin
Sharing Governance: Family Law In Congress And The States, Ann Laquer Estin
Cornell Journal of Law and Public Policy
No abstract provided.
The Third Death Of Federalism, Christopher A. Bryant
The Third Death Of Federalism, Christopher A. Bryant
Cornell Journal of Law and Public Policy
No abstract provided.
Gonzales V. Raich; Federalism As A Casualty Of The War On Drugs, Ilya Somin
Gonzales V. Raich; Federalism As A Casualty Of The War On Drugs, Ilya Somin
Cornell Journal of Law and Public Policy
No abstract provided.
Massachusetts, Burma And The World Trade Organization: A Commentary On Blacklisting, Federalism, And Internet Advocacy In The Global Trading Era, Peter L. Fitzgerald
Massachusetts, Burma And The World Trade Organization: A Commentary On Blacklisting, Federalism, And Internet Advocacy In The Global Trading Era, Peter L. Fitzgerald
Cornell International Law Journal
No abstract provided.
Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg
Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg
Cornell International Law Journal
No abstract provided.
History And State Suability: An Explanatory Account Of The Eleventh Amendment , James E. Pfander
History And State Suability: An Explanatory Account Of The Eleventh Amendment , James E. Pfander
Cornell Law Review
No abstract provided.
United States V. Lopez And The Child Support Recovery Act Of 1992: Why A Nice Idea Must Be Declared A Casualty Of The Struggle To Save Federalism, Andrew M. Siff
Cornell Journal of Law and Public Policy
No abstract provided.
Slogan Or Substance Understanding Our Federalism And Younger Abstention , David Mason
Slogan Or Substance Understanding Our Federalism And Younger Abstention , David Mason
Cornell Law Review
No abstract provided.