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Full-Text Articles in Law
Federalism At Step Zero, Miriam Seifter
Supremacy Of The Supremacy Clause: A Garamendi-Based Framework For Assessing State Law That Intersects With U.S. Foreign Policy, Alexandria R. Strauss
Supremacy Of The Supremacy Clause: A Garamendi-Based Framework For Assessing State Law That Intersects With U.S. Foreign Policy, Alexandria R. Strauss
Fordham Law Review
State and local governments across the United States increasingly act in areas that intersect with foreign policy. Federalism concerns and U.S. foreign relations are thus in constant tension.
In American Insurance Ass’n v. Garamendi, the U.S. Supreme Court in 2003 both expanded and detracted from where states and localities may permissibly act in areas that touch upon foreign affairs. This Note works within the confines of Garamendi to outline four distinct categories of state action that might intersect with foreign relations. It discusses how lower courts, namely the Ninth Circuit, the Eleventh Circuit, and the Northern District of Illinois, …
Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell
Toil And Trouble: How The Erie Doctrine Became Structurally Incoherent (And How Congress Can Fix It), Alan M. Trammell
Fordham Law Review
The Erie doctrine is still a minefield. It has long been a source of frustration for scholars and students, and recent case law has exacerbated the troubles. Although other scholars have noted and criticized these developments, this Article explores a deeper systemic problem that remains undeveloped in the literature. In its present form, the Erie doctrine fails to protect any coherent vision of the structural interests that supposedly are at its core—federalism, separation of powers, and equality.
This Article argues that Congress has the power to fix nearly all of these problems. Accordingly, it proposes a novel statute to revamp …
Should Preemption Apply In A Pharmaceutical Context? An Analysis Of The Preemption Debate And What Regulatory Compliance Statutes Contribute To The Discussion, Jennifer A. Surprenant
Should Preemption Apply In A Pharmaceutical Context? An Analysis Of The Preemption Debate And What Regulatory Compliance Statutes Contribute To The Discussion, Jennifer A. Surprenant
Fordham Law Review
Should the Food and Drug Administration (FDA)’s determination that a product is safe negate a private litigant’s cause of action under state law in all circumstances, unless the FDA determines that the manufacturer withheld relevant information regarding the safety of the product? This Note concludes that such federal preemption is proper because the FDA is fully capable of making a determination regarding the adequacy of the information disclosed by a pharmaceutical manufacturer without state interference. Additionally, such interference on the state level hinders the FDA’s objectives and effective functioning. Thus, determinations about the adequacy of the information provided to the …
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Fordham Law Review
No abstract provided.
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal
Fordham Law Review
No abstract provided.
Keynote Address, A Community Of Reason And Rights, Harold Hongju Koh, William Michael Treanor
Keynote Address, A Community Of Reason And Rights, Harold Hongju Koh, William Michael Treanor
Fordham Law Review
No abstract provided.
Countermajoritarian Federalism, Thomas H. Lee
Countermajoritarian Federalism, Thomas H. Lee
Fordham Law Review
No abstract provided.
Federalism As Westphalian Liberalism, Roderick M. Hills, Jr.
Federalism As Westphalian Liberalism, Roderick M. Hills, Jr.
Fordham Law Review
No abstract provided.
Judicial Oversight In Two Dimensions: Charting Area And Intensity In The Decisions Of Justice Stevens, Allison Marston Danner, Adam Marcus Samaha
Judicial Oversight In Two Dimensions: Charting Area And Intensity In The Decisions Of Justice Stevens, Allison Marston Danner, Adam Marcus Samaha
Fordham Law Review
No abstract provided.
Fighting Federalism With Federalism: If It's Not Just A Battle Between Federalists And Nationalists, What Is It?, David J. Barron
Fighting Federalism With Federalism: If It's Not Just A Battle Between Federalists And Nationalists, What Is It?, David J. Barron
Fordham Law Review
No abstract provided.
Justice Stevens's Theory Of Interactive Federalism, Robert A. Schapiro
Justice Stevens's Theory Of Interactive Federalism, Robert A. Schapiro
Fordham Law Review
No abstract provided.
The Commerce Clause And Federal Abortion Law: Why Progressives Might Be Tempted To Embrace Federalism, Jordan Goldberg
The Commerce Clause And Federal Abortion Law: Why Progressives Might Be Tempted To Embrace Federalism, Jordan Goldberg
Fordham Law Review
No abstract provided.
From States' Rights Blues To Blue States' Rights: Federalism After The Rehnquist Court, Kathleen M. Sullivan
From States' Rights Blues To Blue States' Rights: Federalism After The Rehnquist Court, Kathleen M. Sullivan
Fordham Law Review
No abstract provided.
Cafa And Erie: Unconstitutional Consequences?, Justin D. Forlenza
Cafa And Erie: Unconstitutional Consequences?, Justin D. Forlenza
Fordham Law Review
No abstract provided.
Guns, Drugs, And Federalism: Rethinking Commerce-Enabled Regulation Of Mere Possession, Marcus Green
Guns, Drugs, And Federalism: Rethinking Commerce-Enabled Regulation Of Mere Possession, Marcus Green
Fordham Law Review
No abstract provided.
The Supreme Court, The Violence Against Women Act, And The Use And Abuse Of Federalism, Sally F. Goldfarb
The Supreme Court, The Violence Against Women Act, And The Use And Abuse Of Federalism, Sally F. Goldfarb
Fordham Law Review
No abstract provided.
Reno V. Condon: The Supreme Court Takes A Right Turn In Its Tenth Amendment Jurisprudence By Upholding The Constitutionality Of The Driver's Privacy Protection Act, Richard T. Cosgrove
Reno V. Condon: The Supreme Court Takes A Right Turn In Its Tenth Amendment Jurisprudence By Upholding The Constitutionality Of The Driver's Privacy Protection Act, Richard T. Cosgrove
Fordham Law Review
No abstract provided.
Urban Sprawl, Federalism, And The Problem Of Institutional Complexity, William W. Buzbee
Urban Sprawl, Federalism, And The Problem Of Institutional Complexity, William W. Buzbee
Fordham Law Review
No abstract provided.
State Sovereign Immunity And The False Claims Act: Respecting The Limitations Created By The Eleventh Amendment Upon The Federal Courts, James Y. Ho
Fordham Law Review
No abstract provided.
The States And International Human Rights, Peter J. Spiro
The States And International Human Rights, Peter J. Spiro
Fordham Law Review
No abstract provided.
The Little Train That Couldn't: Did The Pennsylvania Anti-Takeover Statute Fail To Protect Conrail From A Hostile Suitor?, David N. Hecht
The Little Train That Couldn't: Did The Pennsylvania Anti-Takeover Statute Fail To Protect Conrail From A Hostile Suitor?, David N. Hecht
Fordham Law Review
No abstract provided.
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano
Fordham Law Review
In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.
Fulfilling The Goals Of Michigan V. Long: The State Court Reaction, Felicia A. Rosenfeld
Fulfilling The Goals Of Michigan V. Long: The State Court Reaction, Felicia A. Rosenfeld
Fordham Law Review
No abstract provided.
Municipal State Action Antitrust Immunity: A Federalism Argument Against The Bad Faith Exception, Achilles M. Perry
Municipal State Action Antitrust Immunity: A Federalism Argument Against The Bad Faith Exception, Achilles M. Perry
Fordham Law Review
No abstract provided.
A Narrow Eleventh Amendment Immunity For Political Subdivisions: Reconciling The Arm Of The State Doctrine With Federalism Principles, Anthony J. Harwood
A Narrow Eleventh Amendment Immunity For Political Subdivisions: Reconciling The Arm Of The State Doctrine With Federalism Principles, Anthony J. Harwood
Fordham Law Review
No abstract provided.
Federal Grants And The Tenth Amendment: "Things As They Are" And Fiscal Federalism, Mark Suben
Federal Grants And The Tenth Amendment: "Things As They Are" And Fiscal Federalism, Mark Suben
Fordham Law Review
No abstract provided.
Choice Of Law In Federal Bail Bond Contracts: Protecting Principles Of Federalism, Joseph A. Coco
Choice Of Law In Federal Bail Bond Contracts: Protecting Principles Of Federalism, Joseph A. Coco
Fordham Law Review
No abstract provided.