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Federalism and the double standard of judicial review.(US Supreme Court)
Duke Law Journal; 10/1/2001; Baker, Lynn A. Young, Ernest A.; 44719 words
; ... Separation of Powers as a Safeguard of Federalism. Id. at 1321. (234.) O'Connor, supra ... basis of the political safeguards of federalism. See Young, State Sovereign Immunity ... at 43-47; see also Robert F. Nagel, Federalism as a Fundamental Value: National League ... a remand for Congress to attend to ...
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Federalism and families.
University of Pennsylvania Law Review; 6/1/1995; Dailey, Anne C.; 50209 words
; Table of Contents INTRODUCTION I. The Localist Strand in Constitutional Federalism A. Localism Under Dual Federalism B. The Paradigm of Procedural Federalism: Process and Institutional Models C. The Reemergence of Substantive Federalism ...
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FEDERALISM VS. STATES' RIGHTS: A DEFENSE OF JUDICIAL REVIEW IN A FEDERAL SYSTEM
Northwestern University Law Review; 10/1/2004; McGinnis, John O; Somin, Ilya; 13500 words
; I. INTRODUCTION Federalism is the cornerstone of the Constitution. Yet, federalism is too often confused by both admirers and detractors ... states' rights." The constitutional system of federalism assigns powers to state and federal government ...
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Making federalism doctrine: fidelity, institutional competence, and compensating adjustments.
William and Mary Law Review; 3/1/2005; Young, Ernest A.; 52504 words
; ... in Structural Cases 1. Our Adjustable Federalism 2. Incrementalism and Constraint II ... The Constitution's Incompleteness on Federalism 2. Change and Adjustment 3. Compensating ... INSTITUTIONAL AND FUNCTIONAL DETERMINANTS OF FEDERALISM DOCTRINE A. Institutional Choice 1 ...
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THE JUDICIAL SAFEGUARDS OF FEDERALISM
Northwestern University Law Review; 10/1/2004; Devins, Neal; 4805 words
; I. INTRODUCTION There is no federalism constituency within Congress. Not ... national lobbyists gladly sacrifice federalism in order to advance other interests ... that often cause them to undermine federalism."1 In explaining why both state ...
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International and comparative federalism. (Federalism: Aftermath of the 1980s and Prospects for the 1990s)
PS: Political Science & Politics; 6/1/1993; Elazar, Daniel J.; 5463 words
; Federalism has become a major issue in world affairs and consequently ... specifically federal systems, especially in the United States. Federalism should be understood both in its narrower sense as intergovernmental ... noncentralized basis. Initially, comparative studies of federalism could be classified in ...
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Ascertaining the laws of the several states: positivism and judicial federalism after Erie.
University of Pennsylvania Law Review; 6/1/1997; Clark, Bradford R.; 48756 words
; ... Indeterminacy in State Law B. judicial Federalism and Independent Judgment 1. Erie and ... tension with the principles of judicial federalism adopted in Erie to implement the constitutional ... subject to the political safeguards of federalism. (13) In addition, the Constitution ...
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State courts as agents of federalism: power and interpretation in state constitutional law.
William and Mary Law Review; 3/1/2003; Gardner, James A.; 31043 words
; ... DAVID B. WALKER, THE REBIRTH OF FEDERALISM: SLOUCHING TOWARD WASHINGTON ... at A14 (same). According to news accounts, the conventional wisdom ... at A-1, available at LEXIS, News & Business, The Union Leader ... at A1, available at LEXIS, News & Business, The Milwaukee ...
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New judicial thinking on sovereignty and federalism: American and Canadian Comparisons
Justice System Journal; 1/1/2002; Baier, Gerald; 11036 words
; ... Again, the pro-state judges invoked federalism as the limit that needs to be respected ... essentially that the current majority on federalism issues has chosen to ignore the commerce ... two things about the current Court's federalism jurisprudence. First, the sovereignty ... the Court's aggregate approach to ...
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Federalism's frontier
Texas Review of Law & Politics; 10/1/2002; Greve, Michael S; 8144 words
; ... INTRODUCTION September 11 was supposed to change everything, including federalism. Federalism has in fact become more problematic, and the Supreme Court's federalism suggests an alarming obtuseness to political realities. But the reasons ...
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