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Federal Philosophies and the Structure of American Law

Robert Schütze

in From Dual to Cooperative Federalism: The Changing Structure of European Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199238583
eISBN:
9780191716539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238583.003.02
Subject:
Law, EU Law

The constitutional battle over the nature of sovereignty and federalism in America produced a compromise in the late nineteenth century: dual federalism. The philosophy of dual federalism suggested a ... More


American Federalisms: From New Foundations to New Federalism

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter three reviews the history of American federalism as a story of competition between compelling principles in tension with one another, stretching the legal framework in one direction and then ... More


Dual Constitutions and Constitutional Duels

Jim Rossi

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter demonstrates the conceptual payoff in the context of the interplay between state and national legislative and executive power by focusing on two recurring problems of cooperative ... More


A Presidentializing Party State? A Presidentializing Party State? The Federal Republic of Germany

Thomas Poguntke

in The Presidentialization of Politics: A Comparative Study of Modern Democracies

Published in print:
2005
Published Online:
April 2005
ISBN:
9780199252015
eISBN:
9780191602375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199252017.003.0003
Subject:
Political Science, Comparative Politics

The political process of the Federal Republic has always been characterized by two seemingly contradictory attributes. Germany was said to be a Chancellor democracy and party state at the same time. ... More


Federalism and the Tug of War Within

Erin Ryan

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explores how constitutional interpreters struggle to reconcile the competing values that undergird American federalism, with real consequences for governance that requires local and ... More


The Return of Dualism

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/9780226736648.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter investigates the failure of the dualist conception of federalism still dominant on the United States Supreme Court and in the halls of the academy. It outlines the dualist underpinnings ... More


Federal Reform Strategies: An Introduction

Stephen Howes and M. Govinda Rao

in Federal Reform Strategies: Lessons from Asia and Australia

Published in print:
2013
Published Online:
September 2013
ISBN:
9780198092001
eISBN:
9780199082513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198092001.003.0001
Subject:
Economics and Finance, Financial Economics

For large countries, an agenda of economic integration, deregulation and natural resource management reform typically cannot be effectively pursued without the active participation of subnational ... More


Conclusion: the German model of federalism

Arthur B. Gunlicks

in The Länder and German federalism

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719065323
eISBN:
9781781700464
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719065323.003.0013
Subject:
Political Science, European Union

The most commonly cited characteristic of American federalism is ‘dual federalism’. This refers to constitutionally delegated powers for the federal government and reserve powers for the states, with ... More


Cooperative Federalism

Robert P. Inman and Daniel L. Rubinfeld

in Democratic Federalism: The Economics, Politics, and Law of Federal Governance

Published in print:
2020
Published Online:
January 2021
ISBN:
9780691202129
eISBN:
9780691202136
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691202129.003.0003
Subject:
Business and Management, Political Economy

This chapter describes Cooperative Federalism, which replaces Economic Federalism's nationally elected president with a “council” of locally elected representatives. Again there are multiple ... More


Epilogue

Robert P. Inman and Daniel L. Rubinfeld

in Democratic Federalism: The Economics, Politics, and Law of Federal Governance

Published in print:
2020
Published Online:
January 2021
ISBN:
9780691202129
eISBN:
9780691202136
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691202129.003.0011
Subject:
Business and Management, Political Economy

This epilogue addresses the question of who should be federal. While there is much to recommend it, Democratic Federalism may not be for everyone. Any new nation-state seeks to do what smaller and ... More


Climate Change and the Coastal Zone Management Act: The Role of Federalism in Adaptation Strategies

Chad J. McGuire

in Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199368747
eISBN:
9780199368761
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199368747.003.0020
Subject:
Law, Environmental and Energy Law, Public International Law

This chapter focuses on the role of federalism in creating adaptation strategies along the coast. Emphasis is placed on the Coastal Zone Management Act (CZMA) and its role as the primary federal ... More


Choosing Conflict: The Emerging State Challenge to Federal Power

Ben Merriman

in Conservative Innovators: How States Are Challenging Federal Power

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226620282
eISBN:
9780226620459
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226620459.003.0001
Subject:
Political Science, American Politics

Conservative state-level executive officeholders devised a remarkably successful resistance to key Obama administration policies. This chapter describes the basic goals and commitments of those ... More


Making Our Future

K. Sujatha Rao

in Do We Care?: India's Health System

Published in print:
2017
Published Online:
February 2017
ISBN:
9780199469543
eISBN:
9780199087617
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199469543.003.0006
Subject:
Public Health and Epidemiology, Public Health

Four areas have been identified for immediate policy attention: a) decentralization and cooperative federalism, b) revamping of the delivery system, c) strengthening of the people’s sector, and d) ... More


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