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Maintaining The Balance Of Power: A Typology Of Primacy Clauses In Federal Systems, Brady Harman
Maintaining The Balance Of Power: A Typology Of Primacy Clauses In Federal Systems, Brady Harman
Indiana Journal of Global Legal Studies
Constitutional design has become a novel and globalized legal profession. As such, practitioners in this new field-advisers and consultants of constitutional formation and reformation processesrequire practical and comparative tools to ply their trade. This Note attempts to fill a gap in constitutional design literature and provide such a tool by methodically examining "primacy clauses." By determining whether national or provincial law prevails when the two are in conflict, primacy clauses play an important role in maintaining federal balances of power. Three primacy approaches are found among the world's federal constitutions: national primacy, provincial primacy, and conditional primacy. This Note explores …
Federalism And Family Status, Courtney G. Joslin
Federalism And Family Status, Courtney G. Joslin
Indiana Law Journal
The myth of family law’s inherent localism is sticky. In the past, it was common to hear sweeping claims about the exclusively local nature of all family matters. In response to persuasive critiques, a narrower iteration of family law localism emerged. The new, refined version acknowledges the existence of some federal family law but contends that certain “core” family law matters—specifically, family status determinations—are inherently local. I call this family status localism. Proponents of family status localism rely on history, asserting that the federal government has always deferred to state family status determinations. Family status localism made its most recent …