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Full-Text Articles in Law
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, Donald L. Beschle
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, Donald L. Beschle
Missouri Law Review
Questions concerning the constitutional validity of conditions placed on recipients of government funds have a long history,' but they recently have received greater attention as the types of constitutional concerns have changed. Earlier cases dealt with issues of federalism, and claims that conditions unduly limited states in the exercise of their reserved powers. As courts moved to a generally consistent position of deference to Congressional choices concerning the proper distribution of power between the states and the national government, challenges to conditional spending faded in both their significance and interest.' This Article maintains that the government must take and express …
A Not So Distant Mirror: Federalism And The Role Of Natural Law In The United States, The Republic Of Ireland, And The European Community, Paul W. Butler, David L. Gregory
A Not So Distant Mirror: Federalism And The Role Of Natural Law In The United States, The Republic Of Ireland, And The European Community, Paul W. Butler, David L. Gregory
Vanderbilt Journal of Transnational Law
In this Article, Mr. Butler and Professor Gregory discuss the themes of federalism and natural law by examining United States, Republic of Ireland, and European Community cases regarding reproductive freedom, sexual preference, and divorce. The authors find a parallel between Ireland's difficulty in reconciling its Catholic values with the more secular human rights views of the European Community and the religious and social tension caused by federalism in the United States. While courts in both Ireland and the United States have used natural law to justify the level of substantive due process they accord privacy rights, the authors note that …
Emblems Of Federalism, Carol Weisbrod
Emblems Of Federalism, Carol Weisbrod
University of Michigan Journal of Law Reform
This Article reviews non-state federalism-more accurately "not only state federalism"- sometimes called pluralism or essential federalism, and contrasts it with conventional political federalism referred to here as "monumental federalism" and presented through a description of a painting by Erastus Field.
The Oregon Basic Health Services Act: A Model For State Reform?, Eric L. Robinson
The Oregon Basic Health Services Act: A Model For State Reform?, Eric L. Robinson
Vanderbilt Law Review
Americans currently spend $733 billion, or 12.3 percent of the Gross National Product (GNP), per year on health care. This is nearly twice what Americans spent on health care just seven years ago. Health care is also one of the fastest growing major items in the federal and state budgets. Not surprisingly, governments, businesses, and individuals all are having difficulty finding resources to meet the increasing costs of health care. As a result, the health care delivery system has cut costs by denying some people access to adequate health, care services. Currently, an estimated thirty-seven million Americans are uninsured. In …
An Economic And Political Look At Federalism In Taxation, Daniel Shaviro
An Economic And Political Look At Federalism In Taxation, Daniel Shaviro
Michigan Law Review
Part I of this article examines the reasons for preferring locationally neutral taxes and explains the basic tension between locational neutrality and state and local autonomy in taxation. Part II examines the federal judicial check on state and local taxation, which often relies on a principle barring discrimination against outsiders or interstate commerce. Part III explores the need for a broad federal judicial check by examining state and local governments' reasons for imposing (or avoiding) locationally distortive taxes, the countervailing benefits of allowing such governments broad autonomy in taxation, and Congress' willingness to strike down locationally distortive taxes under its …
The Failed Discourse Of State Constitutionalism, James A. Gardner
The Failed Discourse Of State Constitutionalism, James A. Gardner
Michigan Law Review
In this article, I approach these questions in two steps. First, I examine the status of state constitutional law as it is practiced today. I conclude that, contrary to the claims of New Federalism, state constitutional law today is a vast wasteland of confusing, conflicting, and essentially unintelligible pronouncements. I argue that the fundamental defect responsible for this state of affairs is the failure of state courts to develop a coherent discourse of state constitutional law that is, a language in which it is possible for participants in the legal system to make intelligible claims about the meaning of state …
The Differing Federalisms Of Canada And The United States, Martha A. Field
The Differing Federalisms Of Canada And The United States, Martha A. Field
Law and Contemporary Problems
The differences in the ways in which the US and Canada have structured their federalisms are discussed. Both systems have judicial supremacy, but Canada recognizes far more legislative power in the provinces than the US allows its states.
Exit Rights Under Federalism, Richard A. Epstein
Exit Rights Under Federalism, Richard A. Epstein
Law and Contemporary Problems
Exit rights and their self-help nature are discussed. State and federal courts should not allow state or provincial governments to destroy these important protections of individual property rights.
Devolution Or Deconstruction Czecho-Slovak Style, Eric Stein
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.
Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton
Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton
Law and Contemporary Problems
The role of the Supreme Court of Canada in the country's federal system is discussed. Globalization will have an important impact on interpretation of the Canadian Constitution. The special status of Quebec will also have to be taken into account.