Many commentators have criticized the Supreme Court's New Federalism decisions as "excessively formalistic. " In this Article, Professor Eid argues that this "standard critique" is wrong on both a descriptive and normative level. Descriptively, she argues that the standard critique mistakenly down...
This article examines the Supreme Court's recent Eleventh and Fourteenth Amendment decisions constraining Congress's power to impose legal obligations on state governments. The context for this examination is the Court's consideration this Term of the constitutionality of the provision of the Americans ...
For much of our constitutional history, the latter was thought to constrain the federal government from telling a state where it could locate its capital, and not much else.WaxmanSeth P
I. Introduction Since the United States emerged as a commercial nation, the need for uniformity of commercial laws among the states has been recognized. Along with this recognition, however, existed a very strong deference to the doctrine of federalism. ThisTaylor, E. Hunter Jr...
Bridges, KarenPub.land & Resources L.rev
New Judicial Federalism and the Ohio Supreme Court: Anatomy of a Faliure, TheDuring the past decade, law journals and other sources have devoted considerable attention to the emergence of the" new judicial federalism," the renewed reliance by state courts on state constitutions as independent ...
The Double Security of Federalism: Protecting Individual Liberty Under the Arizona ConstitutionStanley G. Feldman LJ protection must include a careful balancing of the competing inter- estsof the technique to benefit the fragile victims of child abuse89 and to protect victims ofFeldman, Stanley G...
Trend Ephemeral-- Eternal--Neither-- A Durational Look At the New Judicial FederalismBatterson, Donald EEmory L.j
Parosa* Federalism: Finding Meaning Through Historical Analysis Introduction The rebirth of the conservative wing of the Republican Party throughout the 1980s, culminating in the 1994 Republican Revolution, re-familiarized the AmericanParosa, Christopher J...
University of Pittsburgh Law Review 60 (1998): 231.Blanchard, Michael D., The New Judicial Federalism: Deference Masquerading as Discourse and the Tyranny of the Locality in State Judicial Review of Education Finance, 60 U. PITT. L. REV. 231 (1998)....