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The Procedural Tools of Interpretive Balancing

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/9780199737987.003.0010
Subject:
Law, Constitutional and Administrative Law

The preceding positive account provides foundation for Chapter Ten’s critical normative claim: that federalism bargaining is not only a pragmatic solution to a problem of doctrinal uncertainty, but ... More


Reorganizing Government: A Functional and Dimensional Framework

Alejandro Camacho and Robert Glicksman

Published in print:
2019
Published Online:
January 2020
ISBN:
9781479829675
eISBN:
9781479811649
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829675.001.0001
Subject:
Law, Constitutional and Administrative Law

Reorganizing Government seeks to transform how policymakers and scholars understand relationships between government institutions, and offers a pioneering model for constructing and assessing ... 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


Federalism and the Tug of War Within

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/9780199737987.003.0002
Subject:
Law, Constitutional and Administrative Law

Chapter two takes on the critical question of why the Constitution establishes a federal system at all. After considering the political origins of federalism, the fraught relationship between ... More


The Interjurisdictional Gray Area

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/9780199737987.003.0005
Subject:
Law, Constitutional and Administrative Law

Chapter Five probes the zone of jurisdictional overlap that belies the dual federalism ideal, where both the states and federal government hold legitimate regulatory interests or obligations. It ... More


Legislative Balancing through Intergovernmental Bargaining

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/9780199737987.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter Seven proposes a more modest modification to the anti-commandeering rule, requiring judicial deference to consensual state-federal legislative bargaining over federalism entitlements. ... More


Introduction

Alejandro E. Camacho and Robert L. Glicksman

in Reorganizing Government: A Functional and Dimensional Framework

Published in print:
2019
Published Online:
January 2020
ISBN:
9781479829675
eISBN:
9781479811649
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829675.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter introduces the book's thesis, goals, and structure. Allocations of authority to regulatory institutions and the relationships between them are poorly understood and underexplored in ... More


International Factor Movements, Environmental Policy, and Double Dividends

Michael Rauscher

in Behavioral and Distributional Effects of Environmental Policy

Published in print:
2000
Published Online:
February 2013
ISBN:
9780226094816
eISBN:
9780226094809
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094809.003.0007
Subject:
Economics and Finance, Development, Growth, and Environmental

The main purpose of environmental taxes is “to get the prices right.” Emissions taxes signal the scarcity of environmental resources to their users and thus help to internalize negative environmental ... More


Marriage Eligibility, Marital Rules

Brian H. Bix

in The Oxford Introductions to U.S. Law: Family Law

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199989591
eISBN:
9780190260200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199989591.003.0002
Subject:
Law, Family Law

This chapter deals with marriage eligibility and marital rules, with particular emphasis on the complications of interjurisdictional enforcement of family law marriage and divorce rules. It begins ... More


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