Federalism on Trial

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Release : 2015-02-23
Genre : Political Science
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Book Rating : 893/5 ( reviews)

Federalism on Trial - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Federalism on Trial write by Paul Nolette. This book was released on 2015-02-23. Federalism on Trial available in PDF, EPUB and Kindle. “It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.

Litigating Federalism

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Release : 1999-01-30
Genre : Law
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Book Rating : 931/5 ( reviews)

Litigating Federalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Litigating Federalism write by Bill Swinford. This book was released on 1999-01-30. Litigating Federalism available in PDF, EPUB and Kindle. Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context. After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.

Contempt of Court

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Release : 2001-02-20
Genre : Family & Relationships
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Book Rating : /5 ( reviews)

Contempt of Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Contempt of Court write by Mark Curriden. This book was released on 2001-02-20. Contempt of Court available in PDF, EPUB and Kindle. A look at a 1906 Supreme Court decision that transformed justice in America examines the case of Ed Johnson, an African American man accused of raping a white woman, his lynching, and the response of the Supreme Court.

Federalism as Seen by the U.S. Supreme Court

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Release : 2008
Genre : Constitutional law
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Federalism as Seen by the U.S. Supreme Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Federalism as Seen by the U.S. Supreme Court write by Richard H. W. Maloy. This book was released on 2008. Federalism as Seen by the U.S. Supreme Court available in PDF, EPUB and Kindle. Federalism is a form of government possessed and utilized by several countries of the world, including the United States of America. When the Constitution of the newly formed United States was framed in 1787 it provided that it and the laws of the United States which shall be made in pursuance thereof, shall be the supreme Law of the Land. Shortly thereafter, by the Tenth Amendment, it was specified that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Thus the Constitution itself posed for federalism an unanswered question how much power does the federal government the United States have, and how much power remains in the States? The Supreme Court of that country, which initially was the sole tribunal entrusted with its judicial power, over the four centuries during which it has existed wrestled with this seemingly eternal question virtually every day it is in session. It has analyzed, construed and applied the principles of federalism in decisions covering a wide spectrum of specialties. Professor Maloy, in this work, has referred to 500 of those decisions, dealing with thirty-eight specialties, including, but not limited to desegregation, domestic relations, labor relations and taxation. The cases range from the Court s first decision . Georgia v. Brailsford, decided in 1792 to its last decision, to date District of Columbia v. Heller, decided June 26, 2008. While the question how much power does the federal government the United States have, and how much power remains in the States? is not completely answered, as this book reveals, far more is known about American federalism in 2008 than in 1787. American federalism in a vibrant and dynamic country, such as the United States, may never be completely defined, but that is just one of its features which makes it fascinating to legal scholars. About the author: Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies."

The Federalist Papers

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Release : 2018-08-20
Genre : History
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Book Rating : 878/5 ( reviews)

The Federalist Papers - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Federalist Papers write by Alexander Hamilton. This book was released on 2018-08-20. The Federalist Papers available in PDF, EPUB and Kindle. Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.