Does Commerce Clause Review have Perverse Effects?

Abstract

noting one assumption underlying United States v. Lopez is that Court favors "significant decentralization"). In Brickey's view, Lopez counters the congressional trend towards federalizing traditionally state-controlled acts by serving as a "reminder that, contrary to contemporary thought, congressional power under the Commerce Clause is not unlimited, that states have primary authority to define and enforce criminal laws, and that much of what Congress has enacted needlessly alters the balance between federal and state jurisdiction." Brickey, supra, at 843-44. 2. 514 U.S. 549 (1995). 3. See Douglas H. Ginsburg, Delegation Running Riot, 1995 No. 1 REG. 83, 83-84 (1995) (book review) (noting that some scholars "labor on in the hope of a restoration" of "ancient exiles," such as Commerce Clause, to their status of sixty years ago).

Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs

“…17 The authors find that the murder rate is significantly reduced by both death sentences and executions. The most striking finding is that on average, each execution results in 18 fewer murders.…”

Should Coercive Interrogation Be Legal?

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Executive Exposure: Government Secrecy, Constitutional Law, and Platforms for Judicial Elaboration

“…We now have a statutory, administrative, and judicial system to evaluate public access demands-including the Freedom of Information Act (FOIA), 12 the Federal Advisory Committee Act (FACA), 13 the Government in the Sunshine Act, 14 the Presidential Records Act, 15 the Federal Records Act, 16 and the Executive Order on classified information. 17 Federal courts regularly use such material to adjudicate access disputes.…”