Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Globalization And Structure, Julian Ku, John Yoo Nov 2011

Globalization And Structure, Julian Ku, John Yoo

William & Mary Law Review

No abstract provided.


Laws For Learning In An Age Of Acceleration, John O. Mcginnis Nov 2011

Laws For Learning In An Age Of Acceleration, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Federalism Under Obama, Gillian E. Metzger Nov 2011

Federalism Under Obama, Gillian E. Metzger

William & Mary Law Review

No abstract provided.


Water Pollution And Regulatory Cooperation In China, Hong Lan, Michael A. Livermore, Craig A. Wenner Apr 2011

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 …


Assessing The State Of The State Constitutionalism, Jim Rossi Apr 2011

Assessing The State Of The State Constitutionalism, Jim Rossi

Michigan Law Review

Robert Williams's The Law of American State Constitutions is an impressive career accomplishment for one of the leading academic lawyers writing on state constitutions. Given the need for a comprehensive, treatise-like treatment of state constitutions that transcends individual jurisdictions, Williams's book will almost certainly become the go-to treatise for the next generation of state constitutional law practitioners and scholars. The U.S. Constitution has a grip on how the American legal mind approaches issues in American constitutionalism, but an important recurring theme in Williams's work (as well as that of others) is how state constitutions present unique interpretive challenges. More than …


Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland Mar 2011

Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland

William & Mary Bill of Rights Journal

Enforcing federalism is most commonly thought to involve the search for a
constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution’s commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress
has exceeded its authority in reenacting the Voting Rights Act’s preclearance requirements. …


Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin Feb 2011

Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.


The Myth Of Church-State Separation, David E. Steinberg Jan 2011

The Myth Of Church-State Separation, David E. Steinberg

Cleveland State Law Review

This article asserts that the church-state separation interpretation of Establishment Clause history is simply wrong. The framers were focused on the first five words of the amendment, which read: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” The original Establishment Clause was a guarantee that the federal government would not interfere in state regulation of religion-whatever form that state regulation took. Rather than enacting the Establishment Clause to mandate a separation of church and state, the framers adopted the clause to protect divergent state practices-including state establishment of …


Federalism And Criminal Law: What The Feds Can Learn From The States, Rachel E. Barkow Jan 2011

Federalism And Criminal Law: What The Feds Can Learn From The States, Rachel E. Barkow

Michigan Law Review

Criminal law enforcement in the United States is multijurisdictional. Local, state, and federal prosecutors all possess the power to bring criminal charges. An enduring question of criminal law is how authority should be allocated among these levels of government. In trying to gain traction on the question of when crime should be handled at the federal level and when it should be left to local authorities, courts and scholars have taken a range of approaches. Oddly, one place that commentators have not looked for guidance on how to handle the issue of law enforcement allocation is within the states themselves. …