Constitutional law - Commerce Clause - Fourth Circuit rules that Violence Against Women Act is an unauthorized exercise of Congressional authority - Brzonkala v. Virginia Polytechnic Institute and State University, 169 F.3d 820 (4th Cir. 1999) (en banc), cert. granted sub nom. United States v. Morrison, 120 S. Ct. 11 (1999)
Article Abstract:
A Fourth Circuit decision striking down the Violence Against Women Act as an unconstitutional exercise of congressional authority is analyzed. The author contends that the circuit's decision threatens the balance between the federal courts and the legislative branch by the court's failure to properly defer to the intent of Congress.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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Disputing male sovereignty: on United States v. Morrison
Article Abstract:
The author examines United States v. Morrison, in which the majority of the US Supreme Court ruled that the Violence Against Women Act of 1994 violated the Commerce Clause of the federal Constitution. The impact of the decision on state action and the women's human rights movement is analyzed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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Constitutional law - Commerce Clause - Seventh Circuit holds that the federal government may regulate arson of residential property - United States v. Jones, 178 F.3d 479 (7th Cir. 1999), cert. granted, 68 U.S.L.W. 3321, 68 U.S.L.W. 3325 (U.S. Nov. 15, 1999) (No. 99-5739)
Article Abstract:
A Seventh Circuit ruling that a federal arson statute applied to a residential arson is analyzed. The author argues that the court erred by failing to prove that residental arson constitutes commercial activity not regulated by the states, subject to interstate commerce protection.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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