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.
Federalism on Trial
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.
Interest Groups and Judicial Federalism
Interest Groups and Judicial 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 Interest Groups and Judicial Federalism write by Donald J. Farole. This book was released on 1998-04-23. Interest Groups and Judicial Federalism available in PDF, EPUB and Kindle. Throughout this century, organized interest groups have played a central role in U.S. Supreme Court litigation on issues of civil rights and liberties. Yet in recent decades, the Court has been less willing to protect many rights and has discouraged the use of federal court forums. With the federal courts inhospitable or unavailable, interest groups have had greater incentive to enter state judiciaries. Proponents of the new judicial federalism urge groups and other litigants to seek greater individual protection based on state constitutions than that required under federal constitutional standards. Farole examines the conditions under which groups are likely to enter state litigation. How the Supreme Court decisions provide incentives or disincentives for organizational action in state judiciaries as well as how other factors specific to organizations condition their willingness and ability to enter state courts is of particular concern. Farole also examines whether groups assert rights claims based on state constitutional law. He provides a comparative analysis of group litigation in two issue areas—eminent domain and obscenity—in five states. Evidence is taken from a variety of sources including interviews, interest group and court files, and published court opinions. The analysis provides insights into the ability of interest groups to remain active in rights litigation by turning their lobbying efforts to state judiciaries. This book is of particular interest to political scientists and academic lawyers concerned with federalism, interest groups, judicial politics, and civil liberties.
Real Federalism
Real 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 Real Federalism write by Michael S. Greve. This book was released on 1999. Real Federalism available in PDF, EPUB and Kindle. Real federalism is a federalism that promotes citizen choice and competition among the states
Redefining Federalism
Redefining 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 Redefining Federalism write by Douglas T. Kendall. This book was released on 2004. Redefining Federalism available in PDF, EPUB and Kindle. If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
