Mass Tort Remedies and the Puzzle of the Disappearing Defendant
In: 98 Texas Law Review 1165 (2020)
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In: 98 Texas Law Review 1165 (2020)
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In: 37 Harvard Journal of Law and Public Policy 71 (2014)
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In: 103 Northwestern University Law Review 495 (2009)
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In: 85 Boston University Law Review 727 (2005)
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In: 50 New York Law School Law Review 699 (2005-06)
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In: 13 Journal of Contemporary Legal issues 317 (2004)
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In: 70 University of Cincinnati Law Review 433 (2002)
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In: The annals of the American Academy of Political and Social Science, Band 574, S. 104-118
ISSN: 0002-7162
With its 1995 decision in United States v. Lopez, the Rehnquist Court made clear that the commerce clause does not grant Congress a plenary police power. Prevailing spending clause doctrine, however, permits Congress to use conditional offers of federal funds in order to circumvent seemingly any restrictions the Constitution might be found to impose on its authority to regulate the states directly. This article first explores three normative arguments in favor of the court's abandoning the existing test, set forth in South Dakota v. Dole, in favor of one that would better safeguard state autonomy while simultaneously preserving for Congress a power to spend that is greater than its power directly to regulate the states. It then proposes a new test under which the courts would presume invalid that subset of conditional offers of federal funds to the states that, if accepted, would regulate them in ways that Congress could not directly mandate. The presumption would be rebutted, & the offer of funds permitted, by a determination that the offer of funds constitutes "reimbursement" spending rather than "regulatory" sending. 5 References. Adapted from the source document.
In: The annals of the American Academy of Political and Social Science, Heft 574, S. 104-118
ISSN: 0002-7162
World Affairs Online
In: 4 Chapman Law Review 195 (2001)
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In: 46 Villanova Law Review 951 (2001)
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In: The urban lawyer: the national journal on state and local government law, Band 32, Heft 3, S. 365-366
ISSN: 0042-0905
In: 13 Georgia State University Law Review 923 (1997)
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In: 23 University of Michigan Journal of Law Reform 217 (1990)
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