Topic
Federalism
Posts
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ArticleVol. 88 · Iss. 1
The Scope of Congress’s Thirteenth Amendment Enforcement Power After City of Boerne v. Flores
Section 2 of the Thirteenth Amendment grants Congress power to enforce this article by appropriate legislation. In Jones v. Alfred H. Mayer Co., the Supreme…
Jennifer Mason McAward -
ArticleVol. 94 · Iss. 5
Gatekeepers Gone Wrong: Reforming the Chapter 9 Eligibility Rules
In order to gain access to chapter 9 bankruptcy, municipalities must demonstrate that they meet several eligibility requirements. These requirements were put in place…
Laura N. Coordes -
ArticleVol. 94 · Iss. 4
Future-Proofing Energy Transport Law
The U.S. energy system is critical to every aspect of the nation’s economy and daily life. That energy system, in turn, is completely dependent…
Alexandra B. Klass -
ArticleVol. 94 · Iss. 1
Judging Foreign States
Famed foreign relations law principles, including the act of state doctrine, the public law taboo, and Zschernig’s foreign affairs preemption, rely on the notion…
Zachary D. Clopton -
ArticleVol. 95 · Iss. 2
Advisory Nonpreemption
We are living in an era of dramatic and unpredictable technological and business innovation. Federal agencies have been at the forefront of updating substantive…
Sarah E. Light -
NoteVol. 96 · Iss. 5
Why the End Is Here for State Death Transfer Taxes and How States Should Respond
It is time for the remaining states with death transfer taxes to consider repeal. Some state death transfer taxes have rates that give preferential…
Jenny L. Juehring -
ArticleVol. 96 · Iss. 5
Eviscerating a Healthy Church-State Separation
In its recent ruling in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court took an extraordinary step in a remarkably…
Erwin Chemerinsky & Barry P. McDonald -
CommentaryVol. 96 · Iss. 4
Presidential Powers, Immunities, and Pardons
Special Counsel Robert Mueller is conducting an investigation into Russia’s interference in the 2016 presidential election and the possible coordination and cooperation with the…
Alberto R. Gonzales -
NoteVol. 96 · Iss. 3
A Lawyer’s Divorce: Will Decentralized Ledgers and Smart Contracts Succeed in Cutting Out the Middleman?
Society is progressing at a rapid pace. As math and science evolve, new technologies begin to utilize these advances and create something novel. These…
Charlotte R. Young -
NoteVol. 93 · Iss. 4
Constitutional Mixologists: Muddling the Analysis of Protectionist Alcoholic Beverage Laws After Granholm v. Heald
In its 2005 decision in Granholm v. Heald, the U.S. Supreme Court declared that state alcoholic beverage laws that discriminate against out-of-state entities are…
Paul Knettel -
ArticleVol. 92 · Iss. 4
Disrupting Education Federalism
The ongoing expansion of federal influence over education in the United States provides a particularly salient time to consider how education federalism should be…
Kimberly Jenkins Robinson -
ArticleVol. 92 · Iss. 4
Legalization Conflicts and Reliance Defenses
This Article addresses an open question of pressing practical import—whether people and businesses operating in the shadow of a legalization conflict have a reliance…
Mary D. Fan