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Full-Text Articles in Law
Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown
Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown
George D. Brown
In this Article, Professor Brown examines the issues that federal prosecutions of state and local officials pose. The analysis focuses on prosecutions under the mail fraud statute and considers the general debate over the proper scope of federal criminal law. Professor Brodin addresses the question of whether a re-examination of mail fraud would focus on constitutional or statutory issues and by utilizing the Supreme Court case United States v. Lopez examines the question of internal limits on the mail fraud statute.
The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown
The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown
George D. Brown
In this Article, Professor George Brown identifies a seeming inconsistency in the Supreme Court’s treatment of federal-state private law forum shopping and state-state private law forum shopping. Professor Brown notes that the Court has been explicit in its condemnation of federal-state forum shopping, but apparently accepts, and even encourages, state-state private law forum shopping. This is strange behavior from a conservative Court, since forum shopping threatens traditional conservative values such as the desire to curtail the proliferation of lawsuits and a general pro-defendant stance. Furthermore, Erie Railroad Co. v. Tompkins clearly rejected forum shopping. Professor Brown reconciles these seemingly contrary …
Federal Common Law And The Role Of The Federal Courts In Private Law Adjudication - A (New) Erie Problem?, George D. Brown
Federal Common Law And The Role Of The Federal Courts In Private Law Adjudication - A (New) Erie Problem?, George D. Brown
George D. Brown
No abstract provided.
Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown
Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown
George D. Brown
No abstract provided.
Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown
Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown
George D. Brown
In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for states and localities. President Nixon had recommended Revenue Sharing, as apart of his "New Federalism," because it would foster local autonomy by minimizing federal restrictions on the grants. When General Revenue Sharing was renewed in 1976, Congress made no changes in the formula, leading some commentators to minimize the significance of those changes which were made. Professor Brown argues that the 1976 renewal amendments to the Revenue Sharing Act are an example of "interventionist federalism," a new form of federal influence over state and local …