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Full-Text Articles in Law
Federalism, Subsidiarity, And The Role Of Local Governments In An Age Of Global Multilevel Governance, Yishai Blank
Federalism, Subsidiarity, And The Role Of Local Governments In An Age Of Global Multilevel Governance, Yishai Blank
Fordham Urban Law Journal
This article argues that current legal and political systems are incapable of dealing with human conflicts on multiple spheres (federal, state, local) simultaneously. The two dominant political theories that are supposed to solve this problem - federalism and subsidiarity, are inadequate. This article then argues that federalism and subsidiarity must be understood as distinct from one another, and subsidiarity is a better fit for the task of articulating multi-level governance, even if only as a tool for loosening the grip of federalism over our political and legal theory.
Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen
Sorting Out Federal And State Judicial Roles In State Insitutional Reform: Abstention's Potential Role, Charles R. Wise, Robert K. Christensen
Fordham Urban Law Journal
The U.S. Supreme Court has given federal courts the authority to abstain from hearing certain cases and defer to state courts in some cases where constitutional or federal statutory rights have been violated. This piece attempts to clarify the abstention requirements and provide a clear rationale for the doctrine. Part I of this piece discusses the origin and development of the abstention doctrine, focusing specifically on the Burford abstention, a kind of abstention particularly salient to institutional reform cases. Part I also illustrates the inconsistencies inherent in the application of the abstention doctrine in its current form. Parts II and …
Opening Remarks: The States And Cities As Federal Laboratories Of Democracy, Frederick A.O. Schwarz, Jr.
Opening Remarks: The States And Cities As Federal Laboratories Of Democracy, Frederick A.O. Schwarz, Jr.
Fordham Urban Law Journal
Mr. Schwarz’s opening remarks address the function of local and state governments in stimulating more widespread change. He begins by providing examples of such inspiration to change throughout American History. First, Mr. Schwarz discusses the role of states in forging both institutional process reforms and social, substantive, and economic changes. Next, he discusses the advantages of using localities as grounds to test social experiments. Lastly, Mr. Schwarz discusses the relationship between experimentation in localities and federalism values, both generally and with specific regard to the role of minority interests. These remarks were made at From the Ground Up: Local Lessons …
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello
Fordham Urban Law Journal
This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a …
The Federal Role In Social Ordering: Lessons From Labor Protection In Urban Mass Transit, Stephen D. Holt, Stephen D. Holt, Stephen D. Holt, Stephen D. Holt
The Federal Role In Social Ordering: Lessons From Labor Protection In Urban Mass Transit, Stephen D. Holt, Stephen D. Holt, Stephen D. Holt, Stephen D. Holt
Fordham Urban Law Journal
The purpose of this Article is to highlight lessons that may be learned from the area of labor protection in urban mass transit. Public transportation is quite relevant to the issues of federal influence on local public service delivery, because the local transit industry is presently governed my the Urban Mass Transportation Act (UMT Act). This Article traces the development of federal intervention in the urban mass transit industry. This Article goes on to review labor relations in urban mass transit and the policy of federal labor protection. It also examines section 13(c) of the UMT Act. This Article considers …
National League Of Cities And The Parker Doctrine: The Status Of State Sovereignty Under The Commerce Clause, Stephen G. Rooney
National League Of Cities And The Parker Doctrine: The Status Of State Sovereignty Under The Commerce Clause, Stephen G. Rooney
Fordham Urban Law Journal
This comment aims to convey a clear definition of the Supreme Court's views on federalism and state sovereignty. It argues that the Court has recently used antitrust cases and doctrines to establish state sovereignty as a limit to federal commerce power. This comment looks to both the doctrine created by the U.S. Supreme Court in the antitrust case Parker v. Brown and the Court's decision in National League of Cities v. Usery to clarify the role of state sovereignty in the face federal commerce power. It compares these two views of state sovereignty in order to develop a better understanding …