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1 Feb 2011, 9:11 pm
 That language doesn't come from some post-New Deal/Warren Court expansion of the scope of federal power, but from the leading case on the scope of Congressional power, CJ John Marshall's 1819 opinion in McCulloch v. [read post]
2 May 2022, 2:12 pm by Cynthia Marcotte Stamer
The Supreme Court Majority based its decision on its finding that the Rehab Act and Act both are spending statutes that condition their offer of federal funding on a promise by the recipient not to discriminate creating what amounts essentially to a contract between the Government and the recipient of funds. [read post]
9 Jul 2011, 9:48 am by Andrew Spillane
 Around the country are operational state insurance commissions, and for much of the twentieth century, the federal government has let these agencies be. [read post]
4 Mar 2013, 7:52 am by Harry Cole
 Apparently, though, OMB changed its policies governing collection of data relative to race and ethnicity last September. [read post]
10 Sep 2010, 8:07 am by Bexis
Smith, 643 S.W.2d 526, 529 (Ark. 1982).Even with the consumer expectations test, federal courts applying Arkansas law have required alternative designs. [read post]
19 May 2010, 5:03 pm by Brandon Bartels
  Marshall’s decisions also established the federal government as an authority over the states. [read post]
1 Nov 2019, 9:05 pm by Milad Emamian
” In its 2018 decision in Ohio v. [read post]
17 Jun 2019, 3:43 pm by Emily Hammond
Gorsuch explained that PG&E involved a state’s potential intrusion into “core federal powers reserved to the federal government by the AEA,” whereas Virginia’s moratorium on mining focuses on an activity “far removed from NRC’s historic powers. [read post]
24 Apr 2023, 7:00 am by Guest Blogger
Board of Education (347 U.S. 483, 1954), the most famous discussion of constitutional principles regarding equal citizenship, Chief Justice Earl Warren identified education as “perhaps the most important function of state and local governments,” “the very foundation of good citizenship” and “a right which must be made available to all on equal terms. [read post]
11 May 2012, 5:49 pm by INFORRM
It is hard to quarantine this latest push by the Federal Government from the News of the World scandal in the UK and the Greens-championed Finkelstein inquiry into media regulation. [read post]
4 Dec 2023, 9:22 am by Matthew L.M. Fletcher
Conservative justices have, for whatever reason, decided that federal Indian law is a contest between states’ rights and tribal interests, with the federal government an interested spectator (and occasional race traitor). [read post]
15 Aug 2012, 10:39 am by Adam White
The passions ought to be controlled and regulated by the government,” if not Madison’s entire project of tempering and channeling the passions through the federal government’s countervailing institutions. [read post]