Religion in Congress and the courts: issues of institutional competence

Article Abstract:

The Supreme Court, in City of Boerne v. Flores, declared that the Religious Freedom Restoration Act of 1993 (RFRA) was unconstitutional. Congress enacted RFRA to overturn an earlier Supreme Court decision dealing with religious freedom. However, the Court in Boerne declared that Congress in passing the RFRA exceeded its 14th Amendment powers. Boerne, although ostensibly a judge-centered decision, actually returned substantial power over religious issues to local control.

Analysis, Freedom of religion

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Introduction: trust and jurisdiction -- the tug-of-war between Congress and the federal courts

Article Abstract:

Congress has enacted several laws that evince unhappiness with how the federal courts conduct their business. Passage of federal Sentencing Guidelines, which deprived federal judges of much discretion, was one indication. Disputes over immigration law and the Religious Freedom Restoration Act provided further examples. Federal judges must remember that such tension is inherent in the US constitutional system.

Social aspects, Judicial power, Legislative power

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Regulation of franchisor opportunism and production of the institutional framework: federal monopoly or competition between the states?

Article Abstract:

The author argues that the federal government should not intervene with antitrust law in cases of franchisor opportunism where regulation would be most efficiently left to the states. The ability of state law to reduce transaction costs is examined.

States, Usage, Laws, regulations and rules, Antitrust law, Commercial law, Franchises

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