Rather, by following the model proposed herein, courts can attempt to honor the expectations of the contracting parties within the limits established by the Constitution. [...] while much of the analysis and discussion in this Article focuses specifically on religious contracts under the Establishment Clause, the model proposed in this Article is aimed at addressing any type of document containing religious terms. Courts heeding the limitations set forth by the Supreme Court, described in Part UI of this Article, and courts reviewing the on-point state and federal jurisprudence and legal commentary, discussed in Parts IV and V, will have at the ready even further guidance. [...] by focusing on the intentions of the parties at the micro-scale - as opposed to the broader religious issu...
Many American cities are facing budget shortfalls in 2010. The mayor and city council in Omaha, Nebraska addressed the shortfall by unilaterally requiring retirees to pay a portion of their health insurance premiums, despite labor contracts requiring the city to pay the entire premium. The contract clause in the United States Constitution prohibits states (and cities) from interfering with the obligation of contract; however, this prohibition is not absolute. This paper examines whether or not Omaha can legally require retirees to pay a portion of the premium.
The Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation (EPAAR) to update policy, procedures, and contract clauses. The final rule provides updates to outdated information previously in the EPAAR Printing clause.
The Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation (EPAAR) to update policy, procedures, and contract clauses. The proposed rule provides updates to outdated information currently in the Printing clause.
This Essay addresses a topic of great academic and practical interest currently facing the Supreme Court: whether the Privileges or Immunities Clause, which has lain dormant since the Court's ill-conceived 1873 Slaughter-House Cases decision, should be resurrected in order to apply the Second Amendment to the states. The Essay makes the novel argument that the textual basis for the Slaughter-House Court's holding regarding the clause - i.e., the lack of parallel textual construction in the first two sentences of Section 1 of the Fourteenth Amendment regarding citizenship) - was in fact the wholly unintentional product of what we might call "attrition of parliamentary processes." This analysis is not new to the Supreme Court. Borrowed from an oral argument made before the U.S. Supreme Co...
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, particularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the confines of the Dormant Commerce Clause.
As part of the authors' ongoing empirical examination of religious liberty decisions in the lower federal courts, they studied Establishment Clause rulings by federal court of appeals and district court judges from 1996 through 2005. The powerful role of political factors in Establishment Clause decisions appears undeniable and substantial. In the context of Church and State cases in federal court, it appears to be ideology much, if not all, of the way down. An Establishment Clause claimant's chances for success were 2.25 times higher before a judge appointed by a Democratic president than before a judge appointed by a Republican president. A religious-secular divide that has become associated with the two major political parties increasingly characterizes America's national political d...
Introduction I. An Overview Of Commerce Clause Jurisprudence A. The Limited Scope Of The Federal Commerce Power Before The New Deal B. The Expansive Scope Of The Commerce Power After The New Deal C. Lopez, Morrison, And Limits On The Commerce Power II. Survey Of Post-Lopez Commerce Clause Scholarship A. The Meaning Of The Text Of The Commerce Clause 1. General Explorations Of The Commerce Clause As An Enumerated Power 2. Exploring Original Sources For The Commerce Clause's Meaning a. A Functional Interpretation Of The Commerce Clause Based On The Sixth Virginia Resolution b. The Original Public Meaning Of The Commerce Clause: An In- Depth Debate i. Opening Shot: Nelson And Pushaw ii. Return Fire: Barnett 2001 iii. Counter-Attack: Nelson And Pushaw 2002 iv. Flanking Maneuver: Barnett 200...
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