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Articles 1 - 30 of 31
Full-Text Articles in Law
The Transformation Of Immigration Federalism, Jennifer M. Chacón
The Transformation Of Immigration Federalism, Jennifer M. Chacón
William & Mary Bill of Rights Journal
No abstract provided.
Foreword, Antonin Scalia
Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire
Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire
Pepperdine Law Review
No abstract provided.
Printz V. United States: The Revival Of Constitutional Federalism, Lang Jin
Printz V. United States: The Revival Of Constitutional Federalism, Lang Jin
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Pepperdine Law Review
No abstract provided.
Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton
Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton
Michigan Law Review First Impressions
On February 23 of this year, the Ninth Circuit Court of Appeals invalidated a California statute permitting victims of the Armenian genocide to file insurance claims, finding that the state's use of the label "Genocide" intruded on the federal government's conduct of foreign affairs. This decision, Movsesian v. Versicherung AG, addresses foreign affairs federalism—the division of authority between the states and the federal government. Just one month later, the Supreme Court weighed in on another foreign affairs issue: the separation of foreign relations powers within the federal government. In Zivotofsky v. Clinton, the Supreme Court ordered the lower courts to …
Reinventing Sovereignty?: Federalsim As A Constraint On The Voting Rights Act, Franita Tolson
Reinventing Sovereignty?: Federalsim As A Constraint On The Voting Rights Act, Franita Tolson
Vanderbilt Law Review
The legal landscape has changed significantly since Congress passed the Voting Rights Act of 1965 ("VRA" or "the Act"). Even though Congress amended the Act in 2006, these amendments have done little to address the new obstacles faced by minority communities who seek to expand their electoral opportunities.' Some of these obstacles are political, as partisan forces have often manipulated the Act for electoral gain, but the greatest obstructions have been judicial. The Supreme Court has strongly implied that Congress might violate principles of federalism by requiring states to preclear their redistricting plans with the Department of Justice; has held …
Delegating Supremacy?, David S. Rubenstein
Delegating Supremacy?, David S. Rubenstein
Vanderbilt Law Review
The Supreme Court has long held that federal agencies may preempt state law in much the same way as Congress: either by issuing binding administrative rules that conflict with state law or by asserting exclusive federal control over a regulatory domain. Under this sweeping conception of the Supremacy Clause, agencies wield an extraordinary power in our federalist system. Specifically, agencies may displace the laws of all fifty states without the political and procedural safeguards inhering in the legislative process. The administrative-preemption power rests on the undertheorized doctrinal assumption that Congress may, in effect, "delegate supremacy" to agencies.
This Article challenges …
Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?, Charity Schiller
Stem Cell Research And Conditional Federal Funding: Do State Laws Allowing More Extensive Research Pose A Problem For Federalism?, Charity Schiller
Pepperdine Law Review
No abstract provided.
Our Federalism(S), Heather K. Gerken
Empowering States: A Rebuttal To Dr. Greve, Erwin Chemerinsky
Empowering States: A Rebuttal To Dr. Greve, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Federal Preemption: James Madison, Call Your Office, Michael S. Greve
Federal Preemption: James Madison, Call Your Office, Michael S. Greve
Pepperdine Law Review
No abstract provided.
Empowering States: The Need To Limit Federal Preemption, Erwin Chemerinsky
Empowering States: The Need To Limit Federal Preemption, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Congress's Power To Preempt The States, Stephen Gardbaum
Congress's Power To Preempt The States, Stephen Gardbaum
Pepperdine Law Review
In this Article, part of a symposium on federal preemption of state tort law, I build upon my earlier work on the nature of preemption to try and deepen the conceptual and constitutional foundations of the subject. I argue that this neglected dimension must be moved to center stage if preemption doctrine is to have a coherent and principled framework. In particular, the key issues are the nature, source, and limits of Congress's power to preempt the states. The result is that preemption should be understood as a discretionary power of Congress the source of which lies in the Necessary …
Intermittent State Constitutionalism, Justin Long
Intermittent State Constitutionalism, Justin Long
Pepperdine Law Review
No abstract provided.
What Federalism & Why? Science Versus Doctrine, Stephen E. Gottlieb
What Federalism & Why? Science Versus Doctrine, Stephen E. Gottlieb
Pepperdine Law Review
The Constitution does not use the words federal or federalism. It gives Congress a set of powers and prohibits the national government, the states or both from doing some things. The Court has inferred principles of federalism from those provisions. The political science community has treated the advantages of federalism as contingent on whether federalism deepens or diffuses conflict or opens competition for power. The United States Supreme Court's approach does neither; it has been trying to clarify and police a very different boundary. Even on its own terms, however, the Court's justifications do not work - a problem made …
States' Rights And State Standing, Stephen I. Vladeck
States' Rights And State Standing, Stephen I. Vladeck
University of Richmond Law Review
No abstract provided.
The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard
The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard
University of Richmond Law Review
No abstract provided.
Inside Agency Preemption, Catherine M. Sharkey
Inside Agency Preemption, Catherine M. Sharkey
Michigan Law Review
A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal law displaces state law. In the past, Congress was the leading actor, and courts and commentators focused almost exclusively on the precise wording of its statutory directives as a clue to its intent to displace state law. Federal agencies were, if not ignored, certainly no more than supporting players. But the twenty-first century has witnessed a role reversal. Federal agencies now play the dominant role in statutory interpretation. The U.S. Supreme Court has recognized the ascendancy of federal agencies in preemption disputes-an ascendancy …
Beyond The Executive Agreement: The Foreign Policy Preference Under Movsesian And The Return Of The Dormant Foreign Affairs Power In Norton Simon, Amir M. Tikriti
Beyond The Executive Agreement: The Foreign Policy Preference Under Movsesian And The Return Of The Dormant Foreign Affairs Power In Norton Simon, Amir M. Tikriti
Pepperdine Law Review
No abstract provided.
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Pepperdine Law Review
No abstract provided.
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Pepperdine Law Review
No abstract provided.
The Role Of Charity In A Federal System, Brian Galle
The Role Of Charity In A Federal System, Brian Galle
William & Mary Law Review
This Article critiques the prevailing justification for subsidies for the charitable sector and suggests a new alternative. Existing rationales are based on an economic model that assumes a single government whose decisions are guided by a single median voter. I argue that this theory is unpersuasive when translated to federal systems, such as the United States, in which there may instead be thousands of competing local governments.
I then attempt to construct a theory of the charitable sector that takes account of interactions between charity, local government, and national government. In this revised account, charity is most important when federalism …
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 …
Chamber Of Commerce Of U.S. V. Whiting: The Possibility Of Anti-Discriminatory Immigration Reform In An Era Of Resurgent Federalism, Keelan Diana
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.