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Articles 1711 - 1740 of 1798
Full-Text Articles in Law
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Michigan Law Review
Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …
Personal Jurisdiction And Choice Of Law, James Martin
Personal Jurisdiction And Choice Of Law, James Martin
Michigan Law Review
The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …
After "Life For Erie--A Reply, Peter Westen
After "Life For Erie--A Reply, Peter Westen
Michigan Law Review
Erie, having "preoccupied the intellectually dominant group of academic lawyers rising to maturity during the 1940's and 1950's," is reported to be losing its "symbolic centrality" for the newest generation of legal scholars. Professor Redish's prompt and excited response to our essay proves one thing: there is at least one scholar in the country who, having come to legal maturity during the last decade, still remains capable of becoming impassioned about Erie RR v. Tompkins.
Federalism And Social Change, Terrance Sandalow
Federalism And Social Change, Terrance Sandalow
Articles
A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …
Choice Of Law In Federal Bail Bond Contracts: Protecting Principles Of Federalism, Joseph A. Coco
Choice Of Law In Federal Bail Bond Contracts: Protecting Principles Of Federalism, Joseph A. Coco
Fordham Law Review
No abstract provided.
The Nature Of The Nation·State System, David D. Warren
The Nature Of The Nation·State System, David D. Warren
International Law Studies
No abstract provided.
Rodriguez Revisited: Federalism, Meaningful Access, And The Right To Adequate Education, Penelope A. Prevolos
Rodriguez Revisited: Federalism, Meaningful Access, And The Right To Adequate Education, Penelope A. Prevolos
Santa Clara Law Review
No abstract provided.
National League Of Cities And The Parker Doctrine: The Status Of State Sovereignty Under The Commerce Clause, Stephen G. Rooney
National League Of Cities And The Parker Doctrine: The Status Of State Sovereignty Under The Commerce Clause, Stephen G. Rooney
Fordham Urban Law Journal
This comment aims to convey a clear definition of the Supreme Court's views on federalism and state sovereignty. It argues that the Court has recently used antitrust cases and doctrines to establish state sovereignty as a limit to federal commerce power. This comment looks to both the doctrine created by the U.S. Supreme Court in the antitrust case Parker v. Brown and the Court's decision in National League of Cities v. Usery to clarify the role of state sovereignty in the face federal commerce power. It compares these two views of state sovereignty in order to develop a better understanding …
Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman
Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman
Michigan Law Review
This Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or "axioms," that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of "ordinary" problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question …
42 U.S.C. § 1983: Claims Against States For Damages, Charles E. Legette, Jr.
42 U.S.C. § 1983: Claims Against States For Damages, Charles E. Legette, Jr.
Florida State University Law Review
No abstract provided.
Federalism And A New Equal Protection, Henry Siedzikowski
Federalism And A New Equal Protection, Henry Siedzikowski
Villanova Law Review
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.
Some Intersections Of The Negative Commerce Clause And The New Federalism, James F. Blumstein
Some Intersections Of The Negative Commerce Clause And The New Federalism, James F. Blumstein
Vanderbilt Law Review
Much has been written about the change in the Supreme Court's judicial philosophy, as a new, ascendant majority has been able successfully to implement its emerging notions of judicial reticence and self-abnegation. This fundamental turnabout in judicial perspective is hardly coincidental, since it reflects the fulfillment of an oft-repeated campaign pledge of Richard Nixon, who in 1968 promised, if elected, to appoint so-called strict constructionists to the Court.' In a basic way his appointees have succeeded in modifying the activist stance that prevailed on the Court during much of the tenure of Earl Warren as Chief Justice. With notable exceptions …
Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins
Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Federalism And Obscenity, Robert M. O'Neil
Federalism And Obscenity, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
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 …
Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells
Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells
Scholarly Works
Suppose a federal district court faces a challenge to state action that presents an unsettled issue of state law, a federal constitutional issue, and a plaintiff who will be irreparably harmed if the state is not immediately enjoined. May the court abstain from a decision on the merits, remand the case to the state courts for resolution of the state law issue, and yet grant a preliminary injunction against the challenged state action? Does it follow from the paucity of reported opinions coupling such interim relief with abstention that such a procedure is inconsistent with the policies underlying the abstention …
Emerging Concepts Of Federalism: Limitations On The Spending Power And National Health Planning
Emerging Concepts Of Federalism: Limitations On The Spending Power And National Health Planning
Washington and Lee Law Review
No abstract provided.
Federalism And The Law Of Securities Regulation: Thelegacy Of Brown V. Board Of Education, Jan G. Deutsch, Lewis H. Larue
Federalism And The Law Of Securities Regulation: Thelegacy Of Brown V. Board Of Education, Jan G. Deutsch, Lewis H. Larue
Washington and Lee Law Review
No abstract provided.
State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein
State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein
Scholarly Works
The Supreme Court's decisions delineating the constitutional limitations on state tax power have often defied rational analysis. The Court read the commerce clause as forbidding a state tax on the privilege of doing interstate business but not on the privilege of doing interstate business in corporate form. It construed the import-export clause as prohibiting a state tax on bales of imported hemp awaiting use in manufacturing but not on piles of imported ore and plywood awaiting such use. It interpreted the supremacy clause as barring a state tax upon the sale of goods to one government contractor but not to …
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Articles in Law Reviews & Other Academic Journals
No abstract provided.
National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman
National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman
University of Michigan Journal of Law Reform
In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.
Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …
Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane
Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane
Cleveland State Law Review
The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).
Canada In Question: Federalism In The Seventies, David Covert
Canada In Question: Federalism In The Seventies, David Covert
Dalhousie Law Journal
Canada in Question is an apt title for D. V. Smiley's book discussing federalism in the seventies and the future of the Canadian federalist system. In this second edition, not only does he incorporate recent developments but he expands and re-casts several chapters in order to provide the reader with a more comprehensive coverage of the Canadian federal system. Smiley, in the first seven chapters, deals almost exclusively with the structures and processes of Canadian federalism, whereas the final three chapters are devoted to what he terms a more "speculative analysis of the relations between these structures and processes" (p. …
A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington
A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington
Scholarly Works
This Article seeks to explore the developing principles of state sovereignty limitations on Congress’ exercise of its granted powers and the potential conflicts in reconciling the enforcement of strong federal policy interests with the allowance to the states of primary control over certain governmental functions. Since both tenth and eleventh amendment questions were raised by the application of the Fair Labor Standards Act’s ever broadening coverage to state employees and its grant of federal court jurisdiction over enforcement suits, and since the Act precipitated the League of Cities decision, the Court’s treatment of the Act will serve as the primary …
Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining
Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining
Articles
In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …
Energy Policy: A Test For Federalism, Jon L. Mills, R.D. Woodson
Energy Policy: A Test For Federalism, Jon L. Mills, R.D. Woodson
UF Law Faculty Publications
This Article will examine the bases of state and federal power, exploring areas of both potential and existing conflict within the energy field. Situations in which either the state or federal government appears to have exclusive authority also will be scrutinized. Possible answers to problems caused by the clashing of governmental interests will be suggested, with an eye toward aiding policymakers to reach agreements which may avert such conflicts. Finally, a prognosis of the future of federalism in regard to the energy issue will be offered.
Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton
Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton
All Faculty Scholarship
No abstract provided.