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Making Federalism Doctrine: Fidelity, Institutional Competence, and Compensating Adjustments

By Ernest A. Young, Published on 03/01/05 ... , illustrates both the potential and the Nelson, supra note 451, at 303-05. 457. See Ernest A. Young, Constitutional Avoidance, Resistance Norms, and the Preservationof Judicial Review, 78 TEX. L. REV. 1549

Alden v. Maine and the Jurisprudence of Structure

., 119 S. Ct. 2219, 2233 (1999). 47. See Seminole Tribe, 517 U.S. at 65-66. 48. See generally Ernest A. Young, State Sovereign Immunity and the Future of Federalism, 1999 SUP. CT. REV. 1, 13-17

Our Prescriptive Judicial Power: Constitutive and Entrenchment Effects of Historical Practice in Federal Courts Law

) (Scalia, J., concurring) (observing that abstention rules are subject to Congress’s legislative power); Mitchell N. Berman, R. Anthony Reese & Ernest A. Young, State Accountability for Violations of

How Customary is Customary International Law?

- EMILY KADENS* & ERNEST A. YOUNG** TABLE OF CONTENTS * Professor of Law, Northwestern University School of Law. Professor Kadens would like to thank the John W. Kluge Center at the Library of Congress for ... . J. Patrick Kelly , The Twilight of Customary International Law , 40 VA. J. INT'L L . 449 , 516 ( 2000 ) ; see also Ernest A. Young, Sorting Out the Debate Over Customary International Law , 42 VA. J

Preemption and Federal Common Law

rules of prudential standing, in deference to the political branches, see infra notes 193-98 and accompanying text; see also Ernest A. Young, Sorting Out the Debate over Customary International Law, 42 VA ... maintains some control, than by devolving authority to the states. 102 For more extensive discussions of preemption by executive agencies and courts from this perspective, see Ernest A. Young, Executive

The Continuity of Statutory and Constitutional Interpretation: An Essay for Phil Frickey

Blondel for comments on the manuscript, and to Greg Coleman, Guy Charles, and Heather Gerken for helpful conversations on the Northwest Austin case. 1. See, e.g., Ernest A. Young, InstitutionalSettlement

Popular Constitutionalism and the Underenforcement Problem: The Case of The National Healthcare Law

No. POPULAR CONSTITUTIONALISM AND THE UNDERENFORCEMENT PROBLEM: THE CASE OF THE NATIONAL HEALTHCARE LAW ERNEST A. YOUNG I - 158 For prophylactic reasons, courts may enforce a constitutional ... dual federalism lay “in ruins”). 31. For a survey of alternate federalism models that remain viable after the demise of dual federalism, see Ernest A. Young, The Puzzling Persistence of Dual Federalism

Prudential Standing after Lexmark International, Inc. v. Static Control Components, Inc.

PRUDENTIAL STANDING AFTER LEXMARK INTERNATIONAL, INC. V. STATIC CONTROL COMPONENTS, INC. ERNEST A. YOUNG In an October 2013 term featuring epic clashes over separation of powers, high-tech search ... v. Sabbatino , 376 U.S. 398 ( 1964 ) ; see generally Ernest A. Young, The Story of Banco Nacional de Cuba v. Sabbatino: Federal Judicial Power in Foreign Relations Cases , in FEDERAL COURTS STORIES

Who's Afraid of the Twelfth Amendment?

. U. L. REV. 925 (2001). WHO’S AFRAID OF THE TWELFTH AMENDMENT? SANFORD LEVINSON* AND ERNEST A. YOUNG** I. INTRODUCTION The Twelfth Amendment is a Rodney Dangerfield of the Constitution: it gets no

Universal Jurisdiction, the Alien Tort Statute, and Transnational Public-Law Litigation After Kiobel

DUKE LAW JOURNAL UNIVERSAL JURISDICTION, THE ALIEN TORT STATUTE, AND TRANSNATIONAL PUBLIC- LAW LITIGATION AFTER KIOBEL ERNEST A. YOUNG 0 1 0 Alston & Bird Professor of Law, Duke University School of ... various versions of the manuscript 1 Copyright © 2015 Ernest A. Young The Alien Tort Statute (ATS), enacted in 1789 as part of the first Judiciary Act, provides that “[t]he district courts shall have

Is There a Federal Definitions Power?

Is The Ernest A. Young 0 0 Thi s Symposium is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case ... . Young & Erin C. Blondel, Federalism, Liberty, and Equality in United States v. Windsor, 2012–2013 Cato Sup. Ct. Rev. 117, 118–9 (2013); Ernest A. Young, United States v. Windsor and the Role of State Law

A Research Agenda for Uncooperative Federalists

administration of Medicaid by states. See generally APRIL GRADY, CONGR. RESEARCH SERV., RS22101, STATE MEDICAID PROGRAM ADMINISTRATION: A BRIEF OVERVIEW (2008). 58. See Ernest A. Young, Making Federalism Doctrine ... usefulness for furthering the national goal of protecting fundamental rights). 63. See, e.g., THE FEDERALIST NO. 51 (James Madison); Ernest A. Young, Federalismas a Constitutional TULSA LAW REVIEW A variant

The Constitutional Law of State Debt

Which may not actually be Chinese. See Nicholas D. Kristof, A Chinese Curse? N.Y. TIMES (Sep. THE CONSTITUTIONAL LAW OF STATE DEBT EMILY D. JOHNSON 0 ERNEST A. YOUNG 0 0 Associate , Wachtell, Lipton ... . Halderman, 465 U.S. 89 (1984). 88. See Ernest A. Young, Its Hour Come Round At Last? State Sovereign Immunity and the Great State Debt Crisis of the Early Twenty-First Century, 35 HARV. J.L. & PUB. POL’Y 593

What Does It Take to Make a Federal System - On Constitutional Entrenchment, Separate Spheres, and Identity

En WHAT DOES IT TAKE TO MAKE A FEDERAL SYSTEM? ON CONSTITUTIONAL ENTRENCHMENT, SEPARATE SPHERES, AND IDENTITY Ernest A. Young* Alison L. LaCroix, The IdeologicalOriginsofAmerican Federalism(Harvard U ... ConstitutionalLawmaking, 45 Vand. L. Rev. 593 (1992). For an account of Gregory as representing a new paradigm for judicial enforcement of federalism, see Ernest A. Young, The Story ofGregory v. Ashcroft: ClearStatement

Judicial Takings and Collateral Attack on State Court Property Decisions

JUDICIAL TAKINGS AND COLLATERAL ATTACK ON STATE COURT PROPERTY DECISIONS STACEY L. DOGAN 0 ERNEST A. YOUNG 0 0 Law Alumni Scholar & Professor of Law, Boston University School of Law In Stop the ... that it is unconstitutional. See Ernest A. Young, Preemption and Federal Common Law, 83 NOTRE DAME L. REV. 1639, 1679 (2008) (arguing the importance of restricting the scope of federal common law in

Supranational Rulings as Judgments and Precedents

For an effort to provoke thought along these lines, see Ernest A. Young, Toward a Framework Statute for Supranational Adjudication SUPRANATIONAL RULINGS AS JUDGMENTS AND PRECEDENTS ERNEST A. YOUNG ... own contribution to this literature, see Ernest A. Young, Institutional Settlement in a Globalizing Judicial System, 54 DUKE L.J. 1143 (2005) [hereinafter Young, Institutional Settlement]. - 478 the

The Constitutive and Entrenchment Functions of Constitutions: A Research Agenda

GOES WRONG (AND How WE THE PEOPLE CAN CORRECT IT) 0 Professor of Law, Duke Law School. This brief Essay develops some of the ideas suggested in Ernest A. Young, The Constitution Outside the ... . REV. 429 (2003); Ernest A. Young, InstitutionalSettlement in a GlobalizingJudicialSystem, 54 DUKE L.J. 1143 (2005). See, e.g., Curtis A. Bradley, InternationalDelegations, the Structural Constitution

Does the Supreme Court Follow the Economic Returns? A Response to A Macrotheory of the Court

School, J.D. 1993; Dartmouth College , B.A. 1990 1 Copyright © 2009 by Ernest A. Young and Erin C. Blondel DUKE LAW JOURNAL [Vol. 58:1759 during the Great Depression. These data appear to support their ... , supra note 7, at 48-85, 86 - 97 ( describing the authors' version of the legal and attitudinal models of judicial behavior). 29. See , e.g., Ernest A. Young, Just Blowing Smoke? Politics, Doctrine, and

Tennis with the Net Down: Administrative Federalism Without Congress

© 2008 by Stuart Minor Benjamin and Ernest A. Young Constitutional law is a funny subject for academics. As scholars, we aspire to push forward the frontiers of knowledge-to make new discoveries and to ... values are defined in consequentialist terms (“improving the regulatory process”) rather than in terms of fidelity to some value handed down from the constitutional Framers. 23. See Ernest A. Young