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The article discusses the roles of statism and slavery in the Constitution adopted by the Confederate States of America (CSA) in relation to its impact on the Confederacy's legal system. Topics include the relation of the Confederate Constitution to the U.S. Constitution, the federalist nature of the CSA's Constitution in relation to states' rights, and the relation of the CSA's Constitution to the war powers of the CSA.

The article discusses the commonality between right-wing populists, U.S. President Donald Trump and former Governor Evan Mecham of Arizona over disdaining reporters and integrating their business and politics. Topics discussed include the powerful movement of American conservatives on the state's rights, the role of the right-wing populists in the post-1994 base Republican Party (GOP), and the plan of the Trump's adminstration to repeal the Affordable Care Act, restriction on immigration and building wall between Mexico and U.S.

The article focuses on the issues of municipal bankruptcy of Indiana. Topics discussed include relief provided under Chapter 9 of Bankruptcy Code related to the same; constitutional issues arising from proceedings under Chapter 9 which are uniformity requirement of the Bankruptcy Clause, adherence to the Contracts Clause, and infringement upon the Tenth Amendment of U.S. Constitution; and cost-benefit arguments surrounding Chapter 9.

In the wake of the November 2015 Paris attacks, in which links were made between Syrian refugees and terrorists, calls for a suspension or enhancement of the U.S. refugee program rang out from a number of states. Proposed legislation in the U.S. Congress and state houses have attempted to withdraw support for then President Obama's commitment of accepting 10,000 Syrian refugees in 2016. Some states have taken aggressive steps to block the placement of refugees in their communities on the basis of their national origin. What legal authority do states have to question the authority of the Executive in the screening, acceptance, and placement of refugees in their communities? And in the name of security, do states have the legal right to prevent refugees, on the basis of their origin, from residing within their states? This Article attempts to answer these questions. [ABSTRACT FROM AUTHOR]

States' right to regulate marriage is generally accepted without question. While many have challenged particular restrictions related to who may legally marry, few have questioned whether the state should have any role in regulating the marital relationship. But state regulation of marriage is not limited to a gatekeeping function. Historically, many rights of married couples--particularly married women--were determined by common law or by statute. Yet while the amount and degree of regulation has decreased significantly in the last century, states still play an important role in defining key aspects of the marital relationship. This article begins a new conversation that considers the future of state marriage regulations, with a focus on laws regulating marital property rights. Despite their potentially life-altering impact, many couples enter into marriage ignorant of the scope, nature, or effect of marital property laws. While states generally allow couples to alter the default rules by entering into a prenuptial (and in some states, postnuptial) agreement, only those who are aware of the state default rules and who have the means to contract around them are able to enter into marriage on their own terms. The article concludes that with respect to property rights, states should continue to provide default rules that govern those rights after marriage, but they should give couples the ability to choose alternate rules that better reflect their intentions without the need to execute a prenuptial agreement. Specifically, states should provide couples with information and options when they apply for a marriage license that allow them to make an informed choice about how property owned by each party before the marriage and property acquired during the marriage will be treated under state law. [ABSTRACT FROM AUTHOR]

The article presents information on legal developments in marketing relative to the regulation of unfair competition. In regard to advertising, the article discusses Simeon Management Corp. et al. v. Federal Trade Commission and the court's upholding of the United States Federal Trade Commission's (FTC) regulation, overruling an earlier state determination by the California Attorney General that the advertisements were permissible. The implications of this ruling are discussed. Additionally, the article discusses United States v. Pittsburgh Area Pontiac Dealers, Inc. and confusion by manufacturers over permissible price advertising which has yet to be clarified by the FTC. The article relates the consent decree in this case which outlines some price advertising guidelines.

The article focuses on state constitutional law, regulates and controls the siting of new renewable energy resources and preempt the local police power of what energy uses get sited on local land. It mentions between Tenth Amendment local control over land, and constitutional preemption and aspects of electric power into discrete legal tranches of federal, state, and local authority. It also mentions federal authority under the Federal Power Act over transactions.

The article explores personal liberty laws in Michigan during the antebellum period from 1783 to 1865. Personal liberty bills were reportedly enacted to protect free African Americans from being kidnapped by slave catchers who might sell them to slavery. The efforts of Democrats and Southerners to oppose the bills are examined as Michigan's advocacy of states' rights and the flaws in states' rights arguments.

The ideation and execution of American homeland security has substantially evolved over the past fifteen years from a vague statement of principles to a very concrete, professional, and institutionalized field, with a cabinet-level department associated with various aspects of its practice. However, homeland security in the United States--defined as the protection of citizens, property, and interests beginning at international borders and expanding inward--is not yet fully developed or even secure in its own roles. As the evolution of both the theory and the practice continues, an important principle--analogous to one in the field of national security--must be sufficiently addressed and acted upon: the physical act of protecting sovereign territory. [ABSTRACT FROM AUTHOR]

This article explains how practices of public reading shaped state sovereignty and citizen subjectivity during the Civil War. Analyzing the Harper’s Weekly account of the 1863 draft lottery, this article locates subjectivity in substitutes—the literal substitutes of the military draft, and the figurative substitutes of journalistic representation. The article anchors these larger theoretical points in two images of crowds that illustrated the article “Resumption of the Draft” published in Harper’s after New York City’s draft riot. The images collectivize and individuate as they connect actual to imagined communities. They shed light on historically developing constructions of multiples that rely on specific modes of address. The drawing of names points to the draft’s individuating power, which is, however, formative of social connections. This article links print culture to emergent forms of state power, and puts pressure on the contributions of the “fourth estate” to the formation of citizen-soldiers. [ABSTRACT FROM AUTHOR]

This article provides an account of ideological hybridity. It describes and categorizes four main types of ideological hybrid in order to examine a range of sub-ideologies and cross-breeds but concentrates on identifying and assessing the particular phenomena described as conservative (or ‘Tory’) anarchisms. The article demonstrates how an ideological hybrid’s morphological relationship to its parent ideologies can alter in different geographical or historical contexts. Using this model, it argues that some differences between conservatism and anarchism are overstressed (such as those over the role of the state and individual rights), whilst some important similarities are often overlooked, namely those surrounding their political epistemologies. However, because apparently shared concepts are structured next to radically different core principles (defence/rejection of hierarchies and prioritizing/negation of dominant economic institutions), these shared principles are interpreted in radically different ways. As a result, conservative anarchism is a deeply unstable hybrid rather than an innovative new ideological form. It is one which, in most contexts, stabilizes into a form of conservatism rather than a form of anarchism. [ABSTRACT FROM PUBLISHER]

The article examines states in the U.S. suing the federal government. Particular focus is given to instances of states vs. the United States, including those involving Massachusetts, Texas and Oregon. Additional topics discussed include the Federalism scholar Ernest Young, constitutional principle and the Supreme Court's original jurisdiction.

The Supreme Court has never definitively outlined the theoretical underpinnings of state sovereign immunity. The unresolved circuit split over whether a state waives immunity that it would otherwise retain by removing a case from state court to federal court provides a helpful lens to consider the broader doctrinal strands of state sovereign immunity. Under any conception of sovereign immunity, courts should reject a blanket waiver by removal rule that would require states to give up all immunity upon removal. It is imperative that courts make a distinction between substantive immunity and jurisdictional immunity. Even if removal is sufficient to waive jurisdictional immunity, it should not affect the underlying presence (or absence) of a cause of action. Additionally, courts should be careful to distinguish between personal jurisdiction and subject matter jurisdiction aspects of immunity, because the way courts conceive of sovereign immunity can impact how they answer the waiver by removal question. Correspondingly, states must take care to protect their sovereign immunity. Merely forbidding state courts from hearing causes of action brought against a state may not be sufficient to protect state immunity upon removal to federal court. States need to protect their immunity with both substantive and jurisdictional means. [ABSTRACT FROM AUTHOR]

The base erosion and profit shifting (BEPS) project represents a significant increase in international tax cooperation to address perceived flaws in the global tax system. As part of this project, a multilateral instrument has been proposed to simultaneously amend the bilateral tax treaties of participating states, in order to implement the treaty-based measures arising from the project. The authors of this article believe that to achieve its goals, this multilateral instrument will need to be more than a one-time undertaking; it will need to respond to new developments and resolve disputes on an ongoing basis. This may require centralized management, which, the authors argue, would have a significant impact on the tax sovereignty of participating states. Despite the current desire for tax cooperation, concerns over the potential cession of state sovereignty to an international body may limit the effectiveness of the multilateral instrument in the long run. [ABSTRACT FROM AUTHOR]

The article offers the author's insights about the history of the American Civil War. Topics discussed include a Pew Research poll which suggested that the main cause of the Civil War is the states' rights, interest on the Civil War among African Americans, and major trends in Civil War scholarships.

The article presents insights on the political and social implications of the executions of African American Troy Davis and white supremacist Lawrence Brewer. Topics discussed include the meaning of capital punishment within the context of biopolitics and state sovereignty, the vital role of the society in the implementation of capital punishment, and the social relationship of capital punishment with the executed and the executioner.

The article talks about the history of U.S. politics focusing on the role of Douglas Democrats and Indiana Republicans in the late 1850s and their principles of States Rights and popular sovereignty. Topics include support and resistance offered to Illinois senator Stephen A. Douglas, anti-slavery efforts by the U.S. government, and political alliances or coalition between Republicans, Americans, and Douglas Democrats in 1858.

The article examines how other states responded to the Virginia and Kentucky Resolutions drafted respectively by James Madison and Thomas Jefferson that declared the Alien and Sedition Acts of 1798 unconstitutional and called for their repeal. Topics covered include the opposition of New England states, the support of southern states like Georgia and Tennessee, Republican and Federalist interests, freedoms of press and speech, states' reserved rights, interposition, and federal-state relation.

The article discusses voting-related legal protections in America in the wake of the U.S. Supreme Court's ruling in the case Shelby County, Alabama v. Holder which deals with the nation's Voting Rights Act of 1965 and American constitutional law. States' rights in America are examined, along with voter disenfranchisement claims and voter identification laws in the country. The U.S. Constitution's Fourteenth and Fifteenth Amendments are also examined, along with African American suffrage.