The states' rights cases provoke fire; the cases do venture into new constitutional territory, but the issues are still developing
Article Abstract:
The US Supreme Court's states' rights cases were a high point of the 1998-99 term, and beneath the surface of the rulings lies the majority's reasoning on state sovereignty, the 11th Amendment and the supremacy clause. The rulings were Alden v. Maine, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board and Florida Postsecondary Education Expense Board v. College Savings Bank, with which the justices have extended state immunity beyond a limit of federal judicial power into an indigenous right of sovereignty of uncertain scope.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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IP decisions strip owners of claims against states; recent Supreme Court rulings hold that the states are not bound by federal IP laws
Article Abstract:
The article discusses the US Supreme Court's companion 1999 rulings Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank and College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, federalism rulings giving states and their employees immunity from the federal patent and trademark acts. Patents, copyrights and trademarks are among the most commercially important federal property rights, and a legislative response seems probable.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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14th Amendment is real issue in federalism cases
Article Abstract:
The key federalism case of the Supreme Court's 1999-2000 term was U.S. v. Morrison, in which the private federal remedy against gender-based violence provided in the Violence Against Women Act of 1994. The court ruled for local control over criminal conduct rather than placing it under the congressional commerce power.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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