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Articles 1 - 6 of 6
Full-Text Articles in Law
Seminole Tribe Of Florida V. State Of Florida, Wesley J. Furlong
Seminole Tribe Of Florida V. State Of Florida, Wesley J. Furlong
Public Land & Resources Law Review
Seminole Tribe of Florida v. State of Florida stands as a declaration that tribal sovereignty preempts state taxation of tribal lands. Although the court framed its decision in the “‘deeply rooted’ historical ‘policy of leaving Indians free from state jurisdiction and control,” it held that Florida’s Rental and Utility Taxes imposed upon the Tribe were impermissible, based not on the rights and sovereignty of tribes, but on well-established principals of judicial deference to agency rule making.
Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards
Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards
The Modern American
No abstract provided.
Vectoral Federalism, Scott Dodson
Vectoral Federalism, Scott Dodson
Scott Dodson
In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups. Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps …
Dignity: The New Frontier Of State Sovereignty, Scott Dodson
Dignity: The New Frontier Of State Sovereignty, Scott Dodson
Scott Dodson
Few constitutional doctrines have had as turbulent a history as state sovereign immunity, the right of a state to refuse to appear as a defendant in court. The Court has, until recently, avoided a full explanation of the reason for immunizing states from certain suits. But in the 2002 decision Federal Maritime Commission v. South Carolina State Ports Authority, the Court asserted that the preeminent purpose of state sovereign immunity is to accord States the dignity that is consistent with their status as sovereign entities. This “dignity rationale” lacks substantial justification and is untethered to any limiting principles. Given that, …
The Metes And Bounds Of State Sovereign Immunity, Scott Dodson
The Metes And Bounds Of State Sovereign Immunity, Scott Dodson
Scott Dodson
What are the parameters of state sovereign immunity? The Court has made clear that certain provisions of Article I contain no authority for overriding state sovereign immunity, while at least one other provision, the Fourteenth Amendment, permits Congress to abrogate the states' sovereign immunity. How is this constitutional line drawn? It is temporally bound? In other words, are only certain Amendments enacted after the Eleventh Amendment free from absolute subservience to state sovereign immunity? Or, does it divide the original Constitution and its Amendments, meaning that state sovereign immunity permeates the original Constitution but does not infiltrate certain Amendments, even …
Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell
Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.