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Full-Text Articles in Law

California Coastal Comm'n V. Granite Rock Co., Lewis F. Powell Jr. Oct 1986

California Coastal Comm'n V. Granite Rock Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Utah Division Of State Lands V. United States, Lewis F. Powell Jr Oct 1986

Utah Division Of State Lands V. United States, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


An Analytical Approach To State Tax Discrimination Under The Commerce Clause, Philip M. Tatarowicz, Rebecca F. Mims-Velarde May 1986

An Analytical Approach To State Tax Discrimination Under The Commerce Clause, Philip M. Tatarowicz, Rebecca F. Mims-Velarde

Vanderbilt Law Review

The commerce clause as an instrument of federalism facilitates a system of government that places a national government over fifty sovereign states. Federalism requires a balancing of the interest in a unified national approach to government with the competing interest in state sovereignty. As Justice Brennan explained:

"Our Constitution is an instrument of federalism. The Constitution furnishes the structure for the operation of the States with respect to the National Government and with respect to each other.. ..Because there are 49 States and much of the Nation's commercial activity is carried on by enterprises having contacts with more States than …


State Constitutional Law: Federalism In The Common Law Tradition, Ellen A. Peters Apr 1986

State Constitutional Law: Federalism In The Common Law Tradition, Ellen A. Peters

Michigan Law Review

A Review of Developments in State Constitutional Law edited by Bradley D. McGraw


Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine Jan 1986

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …


A Narrow Eleventh Amendment Immunity For Political Subdivisions: Reconciling The Arm Of The State Doctrine With Federalism Principles, Anthony J. Harwood Jan 1986

A Narrow Eleventh Amendment Immunity For Political Subdivisions: Reconciling The Arm Of The State Doctrine With Federalism Principles, Anthony J. Harwood

Fordham Law Review

No abstract provided.


Federalism Disserved: The Drive For Deregulation, William C. Banks, Kirk M. Lewis Jan 1986

Federalism Disserved: The Drive For Deregulation, William C. Banks, Kirk M. Lewis

Maryland Law Review

No abstract provided.


Judicial Review In American Federalism: An Uncertain Future, Charles Cantrell Dec 1985

Judicial Review In American Federalism: An Uncertain Future, Charles Cantrell

Charles Cantrell

No abstract provided.