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Federalism and the tug of war within /

As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-mak...

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Bibliographic Details
Main Author: Ryan, Erin
Format: eBook
Language:English
Language Notes:English.
Published: New York : Oxford University Press, ©2011.
Subjects:
Federal government > United States.
LAW > Constitutional.
LAW > Public.
Federal government
United States
Electronic books.
Online Access:Connect to the full text of this electronic book
Table of Contents:
  • pt. 1. Federalism and the tug of war within
  • Which federalism? : the choice and the stakes
  • Federalism and the tug of war within
  • American federalisms : from new foundations to new federalism
  • pt. 2. The interjurisdictional gray area
  • The Rehnquist revival of jurisdictional separation
  • The interjurisdictional gray area
  • pt. 3. Balanced federalism
  • The role of the courts : tenth amendment balancing
  • Legislative balancing through intergovernmental bargaining
  • pt. 4. Negotiating federalism
  • The role of the political branches : negotiating federalism
  • The structural safeguards of federalism bargaining
  • The procedural tools of interpretive balancing
  • Conclusion : Toward balance in federalism.