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Full-Text Articles in Law

Administrative Federalism As Separation Of Powers, David S. Rubenstein Jan 2015

Administrative Federalism As Separation Of Powers, David S. Rubenstein

Washington and Lee Law Review

Federal agencies are key players in our federalist system: they make front-line decisions about the scope of federal policy and whether such policy should preempt state law. How agencies perform these functions, and how they might fulfill them better, are questions at the heart of “administrative federalism.” Some academic proposals for administrative federalism work to enhance states’ ability to participate in federal agency decisionmaking. Other proposals work to protect state autonomy through adjustments to the Supreme Court’s administrative preemption doctrine. As jurists and scholars debate what these proposals entail for federalism, this Article doubles-down with a twist: it examines what …


Sigtarp And The Executive-Legislative Clash: Confronting A Bowsher Issue With An Eye Toward Preserving The Separation Of Powers During Future Crisis Legislation, Aaron R. Sims Jan 2011

Sigtarp And The Executive-Legislative Clash: Confronting A Bowsher Issue With An Eye Toward Preserving The Separation Of Powers During Future Crisis Legislation, Aaron R. Sims

Washington and Lee Law Review

No abstract provided.


Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel Jan 2011

Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel

Washington and Lee Law Review

No abstract provided.


Sigtarp: A Problem In Name Only?, Adam F. Scales Jan 2011

Sigtarp: A Problem In Name Only?, Adam F. Scales

Washington and Lee Law Review

No abstract provided.


Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether Sep 2005

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

Washington and Lee Law Review

No abstract provided.


Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn Sep 2005

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.


Conflicts Of Interest And The Constitution, David Orentlicher Jun 2002

Conflicts Of Interest And The Constitution, David Orentlicher

Washington and Lee Law Review

No abstract provided.


Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham Sep 2000

Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham

Washington and Lee Law Review

No abstract provided.


Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng Jun 1999

Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng

Washington and Lee Law Review

No abstract provided.


The Executive Line Item Veto And The Judicial Power To Sever: What's The Difference?, Lars Noah Jan 1999

The Executive Line Item Veto And The Judicial Power To Sever: What's The Difference?, Lars Noah

Washington and Lee Law Review

No abstract provided.


Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison Sep 1992

Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison

Washington and Lee Law Review

No abstract provided.


Can Buckley Clear Customs?, Harold H. Bruff Sep 1992

Can Buckley Clear Customs?, Harold H. Bruff

Washington and Lee Law Review

No abstract provided.


The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey Sep 1992

The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey

Washington and Lee Law Review

No abstract provided.


Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen Sep 1992

Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen

Washington and Lee Law Review

No abstract provided.


Individual Rights And Government Power In Collision: A Look At Rust V. Sullivan Through The Lens Of Power Analysis, Moira T. Roberts Jun 1992

Individual Rights And Government Power In Collision: A Look At Rust V. Sullivan Through The Lens Of Power Analysis, Moira T. Roberts

Washington and Lee Law Review

No abstract provided.


Justice Sandra Day O'Connor: Trends Toward Judicial Restraint Sep 1985

Justice Sandra Day O'Connor: Trends Toward Judicial Restraint

Washington and Lee Law Review

No abstract provided.


Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver Jan 1985

Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver

Washington and Lee Law Review

No abstract provided.


Separation Of Powers: Legislators Serving On Administrative Boards Jan 1983

Separation Of Powers: Legislators Serving On Administrative Boards

Washington and Lee Law Review

No abstract provided.


The Constitutionality Of Mandatory Sentence Statutes Mar 1972

The Constitutionality Of Mandatory Sentence Statutes

Washington and Lee Law Review

No abstract provided.


Separation Of Powers, Fred L. Fox Sep 1948

Separation Of Powers, Fred L. Fox

Washington and Lee Law Review

No abstract provided.