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Federalism

1987

Articles 1 - 12 of 12

Full-Text Articles in Law

Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William Van Alstyne Nov 1987

Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William Van Alstyne

Duke Law Journal

Like Gaul, this essay is divided into three parts. The first two parts are adapted from a public address delivered at the Association of the Bar of the City of New York, as part of its Bicentennial series, in 1987. The third part was added later, originally as an Addendum Note. The general subject was introduced by the moderator, Mr. Robert MacCrate, President of the American Bar Association, who put the following question: "Where does the federalism of the Constitution stand today?" Professor Martha Field of the Harvard Law School presented a paper in first response. This paper then followed, …

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Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory Nov 1987

Federalism, Separation Of Powers, And Individual Liberties, Dennis G. Lagory

Vanderbilt Law Review

No abstract provided.

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Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol Oct 1987

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

Faculty Publications

No abstract provided.

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The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent Sep 1987

The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent

Duke Law Journal

Through the passage of time, the dormant commerce clause doctrine has acquired a patina of legitimacy; the doctrine frequently is used by the judiciary to overturn state regulation of commerce. Professor Martin Redish and Shane Nugent argue that time alone cannot legitimize such actions by the courts, and that the Constitution provides no textual basis for the exercise of this authority. Moreover, they contend that the doctrine actually undermines the carefully structured federal balance embodied in the text. They further argue that nontextual rationales are flawed, and that jurisprudence based on the text of the Constitution can deal adequately with …

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Planning As A Major Tool Of Public Land Management, John D. Leshy Jun 1987

Planning As A Major Tool Of Public Land Management, John D. Leshy

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

25 pages.

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The Appointments Clause, Innovative Federalism, And The Constitutionality Of The Northwest Power Planning Council, Michael Blumm Jan 1987

The Appointments Clause, Innovative Federalism, And The Constitutionality Of The Northwest Power Planning Council, Michael Blumm

Faculty Articles

This paper, written shortly after the Ninth Circuit upheld the constitutionality of the Northwest Planning Council, which Congress authorized to implement the Northwest Power Act, analyzed the court's decision. The paper reviewed the unsuccessful attempts to challenge the Council (thereby undermining its power planning and fish and wildlife programs) as violating the compact and appointments clauses of the Constitution as well as several alleged statutory infirmities. The paper concluded that the Ninth Circuit's decision was entirely consistent with the Supreme Court's then-recent decision in Bowsher v. Synar, which upheld the 1985 Balanced Budget Act (popularly known as Graham-Rudman-Hollings Act).

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Municipal State Action Antitrust Immunity: A Federalism Argument Against The Bad Faith Exception, Achilles M. Perry Jan 1987

Municipal State Action Antitrust Immunity: A Federalism Argument Against The Bad Faith Exception, Achilles M. Perry

Fordham Law Review

No abstract provided.

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The Counterrevolution Enters A New Era: Criminal Procedure Decisions During The Final Term Of The Burger Court, Charles Whitebread Jan 1987

The Counterrevolution Enters A New Era: Criminal Procedure Decisions During The Final Term Of The Burger Court, Charles Whitebread

Seattle University Law Review

This Article canvases the Burger Court’s counterrevolution in criminal procedure effectuated by a series of rulings that restructured the balance between the state and the criminally accused. The Article identifies the five major themes that have marked the Burger Court’s counterrevolution in criminal procedure and demonstrates how these themes were illustrated by various decisions this term during the 1985-86 term. After providing this background, the Article poses questions of how shifts in the composition of the Court may affect the trajectory of criminal procedure.

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Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber Jan 1987

Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber

University of Michigan Journal of Law Reform

To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.

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State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin Jan 1987

State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court independence. Accordingly, this article argues, the 1983 amendment to article I, section 12 of the Florida Constitution should be repealed. If not repealed, it should be interpreted to permit Florida courts broad discretion in developing their own stance on search and seizure law. So construed, the amendment would only require Florida courts to abide by those United States Supreme Court opinions that provide (1) an authoritative holding that …

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Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne Jan 1987

Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne

Faculty Publications

Like Gaul, this essay is divided into three parts. The first two parts are adapted from a public address delivered at the Association of the Bar of the City of New York, as part of its Bicentennial series, in 1987. The third part was added later, originally as an Addendum Note. The general subject was introduced by the moderator, Mr. Robert MacCrate, President of the Amerian Bar Association, who put the following question: "Where does the federalism of the Constitution stand today?" Professor Martha Field of the Harvard Law School presented a paper in first response. This paper then followed, …

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Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier Jan 1987

Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier

Reviews

Environmental problems have been on the agenda of the federal government in the United States for roughly a century now, about half of the government's life, and a dominant concern for the last two decades. The European Economic Community ("EEC"), itself a system perhaps on its way to some brand of federalism, presents a similar but much foreshortened picture. The EEC has been concerned with the environment for about the last half of its thirty year life. Environmental Protection Policy' ("EPP") is a richly detailed study of environmental policy in these two very different systems.

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