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Articles 1 - 30 of 52
Full-Text Articles in Law
No Time To Waste: Can A State Prevent Nuclear Waste Transportation Within Its Borders Once Yucca Mountain Becomes Operational?, Ryan Franklin
No Time To Waste: Can A State Prevent Nuclear Waste Transportation Within Its Borders Once Yucca Mountain Becomes Operational?, Ryan Franklin
William & Mary Environmental Law and Policy Review
Following the drop of the first atomic bomb over Hiroshima on August 6th, 1945, the United States seriously began contemplating the use of atomic energy not just as a weapon, but as an efficient energy source. President Eisenhower delivered his “Atoms for Peace” speech in front of the United Nations eight years later, effectively launching a massive American campaign to build numerous nuclear power plants to generate enough clean energy to power the entire nation. As these plants were being constructed, however, policymakers and lawmakers who were champions of this endeavor failed to consider the problem of nuclear waste generated …
Characterizing Constitutional Inputs, Michael Coenen
Characterizing Constitutional Inputs, Michael Coenen
Journal Articles
No abstract provided.
Combining Constitutional Clauses, Michael Coenen
Combining Constitutional Clauses, Michael Coenen
Journal Articles
No abstract provided.
The Future Of The Foreign Commerce Clause, Scott Sullivan
The Future Of The Foreign Commerce Clause, Scott Sullivan
Journal Articles
The Foreign Commerce Clause has been lost, subsumed by its interstate cousin, and overshadowed in foreign relations by the treaty power. Consistent with its original purpose and the implied, but unrefined view asserted by the judiciary, this Article articulates a broader and deeper Foreign Commerce power than is popularly understood. It reframes doctrinal considerations for a reinvigorated Foreign Commerce Clause--both as an independent power and in alliance with other coordinate foreign affairs powers--and demonstrates that increasing global complexity and interdependence makes broad and deep federal authority under this power crucial to effective and efficient action in matters of national concern.
Structural Environmental Constitutionalism, Blake Hudson
Structural Environmental Constitutionalism, Blake Hudson
Journal Articles
Environmental constitutionalism is of increasing importance as both national and subnational governments seek to facilitate environmental protection through constitutional provisions. Most environmental constitutionalism scholarship focuses on textual constitutional provisions protecting fundamental substantive or procedural citizen rights to a quality environment — what might be termed “fundamental environmental constitutionalism.” Yet another type of environmental constitutionalism is of equal or perhaps even more importance — that is, “structural environmental constitutionalism.” This form of environmental constitutionalism regards the allocation of environmental regulatory authority among levels of government, a particularly salient issue in federal systems of government. This article describes the key attributes of …
Hunt V. Chemical Waste Management, Inc.: Alabama Attempts To Spread The Nation's Hazardous Waste Disposal Burden By Imposing A Higher Tax On Out-Of-State Hazardous Waste, Kenneth G. Cole
Notre Dame Law Review
No abstract provided.
Raise Your Glass: The Third Circuit Holds New Jersey Wine Laws In Violation Of The Dormant Commerce Clause And Leaves Room For A Future Challenge Of The Direct Shipment Ban, James J. Williamson Ii
Raise Your Glass: The Third Circuit Holds New Jersey Wine Laws In Violation Of The Dormant Commerce Clause And Leaves Room For A Future Challenge Of The Direct Shipment Ban, James J. Williamson Ii
Villanova Law Review
The article presents information on the Commerce Clause of the U.S. Constitution and the prevention of the state from engaging in economic protectionism. The ratification of alcohol law, the regulation of shipment of alcohol and the harmonization of the dueling provisions are discussed with reference to the trial of Granholm v. Heald. The wine law challenges and the possible remedies available for the New Jersey wineries are also discussed.
Commerce In The Commons: A Unified Theory Of Natural Capital Regulation Under The Commerce Clause, Blake Hudson
Commerce In The Commons: A Unified Theory Of Natural Capital Regulation Under The Commerce Clause, Blake Hudson
Journal Articles
Scholars continue to debate the scope of Congress’s Commerce Clause authority and whether fluctuations in the U.S. Supreme Court’s Commerce Clause jurisprudence place federal environmental regulatory authority at risk. Yet when one analyzes major Commerce Clause cases involving resource regulation since the beginning of the modern regulatory state, a consistent theme emerges: both the Supreme Court and Circuit Courts of Appeal have consistently upheld federal authority to regulate depletable natural resources, the appropriation of which is non-excludable - key characteristics of a commons. Commerce Clause jurisprudence can be interpreted as treating appropriation of this natural capital, here described as “privatized …
The Adam Walsh Act's Sex Offender Registration And Notification Requirements And The Commerce Clause: A Defense Of Congress's Power To Check The Interstate Movement Of Unregistered Sex Offenders, Matthew S. Miner
Villanova Law Review
The article discusses the Adam Walsh Act specifically the debate on the constitutionality of the Sex Offender Registration and Notification Act (SORNA) under the Commerce Clause. SORNA aims to set up a unified registry system to monitor sex abusers' movements across states facilitating crime prevention and resolution. It cites U.S. Supreme Court rulings that have established the authority of Congress to regulate interstate travel and illegal activities even if the threat is local in nature.
Greenhouse Gas Emission Targets And Mass Transit: Can The Government Successfully Accomplish Both Without A Conflict, Darren A. Prum, Sarah L. Catz
Greenhouse Gas Emission Targets And Mass Transit: Can The Government Successfully Accomplish Both Without A Conflict, Darren A. Prum, Sarah L. Catz
Santa Clara Law Review
No abstract provided.
The New Federalism Meets The Eleventh Circuit's Old Criminal Law, Jonathan D. Colan
The New Federalism Meets The Eleventh Circuit's Old Criminal Law, Jonathan D. Colan
University of Miami Law Review
No abstract provided.
Congressional Power To Criminalize "Local" Conduct: No Limit In Sight, Sanford L. Bohrer, Matthew S. Bohrer
Congressional Power To Criminalize "Local" Conduct: No Limit In Sight, Sanford L. Bohrer, Matthew S. Bohrer
University of Miami Law Review
No abstract provided.
Regulating Unsettled Issues In Latin America Under The Treaty Powers And The Foreign Commerce Clause, Joanna Doerfel
Regulating Unsettled Issues In Latin America Under The Treaty Powers And The Foreign Commerce Clause, Joanna Doerfel
University of Miami Inter-American Law Review
No abstract provided.
Endangered Statute - The Current Assault On The Endangered Species Act, Philip Weinberg
Endangered Statute - The Current Assault On The Endangered Species Act, Philip Weinberg
Villanova Environmental Law Journal
No abstract provided.
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Indiana Law Journal
No abstract provided.
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus
William Mitchell Law Review
This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …
Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch
Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch
Villanova Environmental Law Journal
No abstract provided.
Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder
Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
A Toast To The Dignity Of States: What Eleventh Amendment Jurisprudence Portends For Direct Shipment Of Wine, Eric L. Martin
A Toast To The Dignity Of States: What Eleventh Amendment Jurisprudence Portends For Direct Shipment Of Wine, Eric L. Martin
Hofstra Law Review
No abstract provided.
Privileged Justice Under Law: Reinforcement Of Male Privilege By The Federal Judiciary Through The Lens Of The Violence Against Women Act And U.S. V. Morrison, Jennifer R. Johnson
Privileged Justice Under Law: Reinforcement Of Male Privilege By The Federal Judiciary Through The Lens Of The Violence Against Women Act And U.S. V. Morrison, Jennifer R. Johnson
Santa Clara Law Review
No abstract provided.
State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown
State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown
University of Miami Law Review
No abstract provided.
Federal Regulation Of Isolated Wetlands: To Be Or Not To Be, Talene Nicole Mergerian
Federal Regulation Of Isolated Wetlands: To Be Or Not To Be, Talene Nicole Mergerian
Villanova Environmental Law Journal
No abstract provided.
Seeing Red: Gibbs V. Babbitt, Edward A. Fitzgerald
Seeing Red: Gibbs V. Babbitt, Edward A. Fitzgerald
Villanova Environmental Law Journal
No abstract provided.
The Federal Commerce And Navigation Powers: Solid Waste Agency Of Northern Cook County's Undecided Constitutional Issue, Roderick E. Walston
The Federal Commerce And Navigation Powers: Solid Waste Agency Of Northern Cook County's Undecided Constitutional Issue, Roderick E. Walston
Santa Clara Law Review
No abstract provided.
Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker
Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker
University of Miami Law Review
No abstract provided.
The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer
The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
Under The Influence: Why Alcohol Direct Shipment Laws Are A Violation Of The Commerce Clause, James J. Molnar
Under The Influence: Why Alcohol Direct Shipment Laws Are A Violation Of The Commerce Clause, James J. Molnar
University of Miami Business Law Review
No abstract provided.
Wipe Out In Aclu V. Johnson: Can Any Regulation Of Surfing The Net Withstand Constitutional Scrutiny, Jennifer Lamaina
Wipe Out In Aclu V. Johnson: Can Any Regulation Of Surfing The Net Withstand Constitutional Scrutiny, Jennifer Lamaina
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Does Commerce Clause Review Have Perverse Effects, Adrian Vermeule
Does Commerce Clause Review Have Perverse Effects, Adrian Vermeule
Villanova Law Review
No abstract provided.
Whether The Constitutionality Of The Violence Against Women Act Will Further Federal Protection From Sexual Orientation Crimes, Alexander Dombrowsky
Whether The Constitutionality Of The Violence Against Women Act Will Further Federal Protection From Sexual Orientation Crimes, Alexander Dombrowsky
University of Miami Law Review
No abstract provided.