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Now showing items 1-7 of 7
Good Cop, Bad Cop: Federal Prosecution of State-Legalized Medical Marijuana Use After United States v. Lopez
(California Law Review, 2000)
The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in ...
The Alien Tort Statute and Federal Common Law: A New Approach
(Notre Dame Law Review, 2010)
Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime
(Vanderbilt Law Review, 2009)
Using the conflict over medical marijuana as a timely case study, this Article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, ...
Federal Preemption and Clean Energy Floors
(North Carolina Law Review, 2013)
Federal policies regarding renewable and clean energy often lack clear definition, are incomplete, and are scattered across multiple statutes and agencies. Yet at the same time, recent decisions of both federal agencies ...
The Populist Safeguards of Federalism
(Ohio State Law Journal, 2007)
Extant legal scholarship often portrays citizens as the catalysts of federalization. Scholars say that citizens pressure Congress to impose their morals on people living in other states, to trump home-state laws with which ...
The New Frontier of State Constitutional Law
(William and Mary Law Review, 2005)
In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the ...
Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism
(Washington University Law Quarterly, 2005)
Federal judicial deference to state and local regulation is at the center of contentious debates regarding the implementation of competition policy. This Article invokes a political process bargaining framework to develop ...