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Choice‐of‐Law Principles

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0003
Subject:
Political Science, American Politics

This chapter focuses on the legal treatment of choice of law to illustrate one important function of choice-of-law clauses: predictability. Without these clauses, the parties must rely on a morass of ... More


A Federal Choice‐of‐Law Statute

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.00010
Subject:
Political Science, American Politics

This chapter proposes a way to preserve the benefits of the law market while eliminating some of the impediments to its efficient operation: a federal statute that compels states to enforce ... More


Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter examines whether the Necessary and Proper Clause of the Constitution precludes or invites the exercise of judicial review of a federal law to see if it lies within the powers of Congress ... More


Descent and Genealogy: The Changing Landscape of Tribal Membership Governance in the United States

Kirsty Gover

in Tribal Constitutionalism: States, Tribes, and the Governance of Membership

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199587094
eISBN:
9780191595363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587094.003.0004
Subject:
Law, Constitutional and Administrative Law

In the United States, the modern period of tribal constitutionalism began in the 1930s. This chapter illustrates the ways in which tribes have altered their membership governance to maintain and ... More


Summary and Implications

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0011
Subject:
Political Science, American Politics

The final chapter includes thoughts on some of the broader implications of the book. The law market can change one's view of regulation. What really matters to whether regulations are binding is not ... More


The Proper Scope of Federal Power: The Meaning of the Commerce Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter examines the propriety of federal laws under the power most often invoked to justify restrictions on liberty: the power to regulate commerce among the several states. Courts are not ... More


Cultural Conflicts *

Annelise Riles

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0004
Subject:
Law, Comparative Law

It is no secret that there is widespread dissatisfaction with the prevailing doctrinal approaches to conflict of laws in the United States. The ‘methodologies’ for resolving conflicts problems that ... More


Judicial Review of Federal Statutes

Stefanie A. Lindquist and Frank B. Cross

in Measuring Judicial Activism

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195370850
eISBN:
9780199870790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370850.003.0003
Subject:
Law, Comparative Law

This chapter measures the justices' voting behavior in cases challenging the constitutionality of a federal statute, for the period 1954 to 2004 (the Warren, Burger, and Rehnquist Courts). First, the ... More


Federal Limits on State Constitutions

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes the various ways in which state constitutions are limited by the federal Constitution and federal law, which are the supreme law of the land. Provisions in state constitutions ... More


Getting the Government America Deserves: How Ethics Reform Can Make a Difference

Richard W. Painter

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195378719
eISBN:
9780199869619
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195378719.001.0001
Subject:
Law, Constitutional and Administrative Law

In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public ... More


Constitutional Controls on Delegation

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0004
Subject:
Law, Constitutional and Administrative Law

A central issue in the discussion of delegation of governmental power to private actors is the extent to which governmental actors enjoy a capacity to delegate their power in the first instance. This ... More


Criminal Law and Procedure

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on criminal law and procedure in Mexico. It begins by examining the historical background and sources of criminal law, and this is followed by a discussion on judicial precedent ... More


Injustice On Appeal: The United States Courts of Appeals in Crisis

William M. Richman and William L. Reynolds

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.001.0001
Subject:
Law, Constitutional and Administrative Law

The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the ... More


An Uncertain Influence: The Role of the Federal Government in California, 1846–1880

Robert J. Chandler

in Taming the Elephant: Politics, Government, and Law in Pioneer California

Published in print:
2003
Published Online:
March 2012
ISBN:
9780520234116
eISBN:
9780520936485
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520234116.003.0009
Subject:
History, American History: 19th Century

This chapter states that federal involvement was vital in certain arenas; chief among them was the creation of California's transportation system, including the railroads. After the war, the federal ... More


Antitrust Federalism

Daniel A. Crane

in The Institutional Structure of Antitrust Enforcement

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.003.0008
Subject:
Law, Competition Law

This chapter deals with a series of long-standing and sometimes difficult federalism issues in the United States. Modern federalism principles allow both races to the top and races to the bottom but ... More


The American Contract Law Framework

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 3 examines four main strands of the American contract law framework: American ‘federal common law’, uniform and model laws promulgated by the National Conference of Commissioners on Uniform ... More


Regulating Government Contracts

A C L Davies

in The Public Law of Government Contracts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199287390
eISBN:
9780191713484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287390.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter introduces the regulatory regime for government contracts in English law, highlighting three key features of that regime. First, although government contracts are commonly thought of as ... More


Customary International Law

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0005
Subject:
Law, Private International Law, Comparative Law

This chapter considers the status in the U.S. legal system of customary international law. After considering what the text of the Constitution suggests about this issue, the chapter discusses how ... More


Trends and Issues in the U.S. Child Welfare System

Jill Duerr Berrick

in Child Protection Systems: International Trends and Orientations

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199793358
eISBN:
9780199895137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199793358.003.0002
Subject:
Social Work, Social Policy

The U.S. child welfare system, made up of many variations at the state and local levels, is unified in design by federal laws and regulations. This chapter reviews the definition of maltreatment as ... More


State Courts as Enforcers of Federal Law

in Polyphonic Federalism: Toward the Protection of Fundamental Rights

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226736624
eISBN:
9780226736648
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226736648.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter concentrates on state court enforcement of federal law. It describes how the polyphonic perspective fosters an appreciation for the benefits of intersystemic adjudication. State court ... More


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