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Articles 1 - 4 of 4

Full-Text Articles in Law

Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies Nov 2018

Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies

Washington and Lee Law Review

No abstract provided.


Analyzing Justice Cardozo’S Opinions On The Constitutionality Of The New Deal, Robert J. Pushaw Jr Jan 2018

Analyzing Justice Cardozo’S Opinions On The Constitutionality Of The New Deal, Robert J. Pushaw Jr

Touro Law Review

No abstract provided.


Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson Jan 2018

Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson

Articles

Federal law exerts a gravitational force on state actors, resulting in widespread conformity to federal law and doctrine at the state level. This has been well recognized in the literature, but scholars have paid little attention to this phenomenon in the context of constitutional property. Traditionally, state takings jurisprudence—in both eminent domain and regulatory takings—has strongly gravitated towards the Supreme Court’s takings doctrine. This long history of federal-state convergence, however, was disrupted by the Court’s controversial public use decision in Kelo v. City of New London. In the wake of Kelo, states resisted the Court’s validation of the …


Our Regionalism, Jessica Bulman-Pozen Jan 2018

Our Regionalism, Jessica Bulman-Pozen

Faculty Scholarship

This article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal forms regions assume in the United States — through interstate cooperation, organization of federal administrative agencies, and hybrid state-federal efforts — it explores how regions have shaped American governance across the twentieth and early twenty-first centuries.

In the years leading up to the New Deal, commentators invoked regions to resist centralization, arguing that state coordination could forestall expansion of the federal government. But regions were soon deployed to a different end, as the federal government relied on regional administration to …