Abstract

http://ssrn.com/abstract=1474439
 
 

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Constitutional Law: 2008 Annual Report


James May


Widener University - School of Law

March 1, 2009

Environment, Energy and Resources Law: The Year in Review, 2008

Abstract:     
Environmental, energy, and natural resources law continues to be shaped by the U.S. Constitution. While perhaps not as prevalent as in 2007, constitutional issues continue to play first fiddle in more than one-half of all federally reported decisions within the scope of our Section’s namesake. Key issues at the intersection of constitutional and environmental, energy, and natural resources law in 2008 include Standing, the dormant Commerce Clause, Preemption, and the Takings Due Process and Free Speech Clauses, as discussed herein. Other constitutional issues will remain instrumental in the years to come, including those respecting the jurisdictional reach of the Commerce Clause, the political question doctrine, sovereign immunity, and federalism, as well as a host of emerging lower profile constitutional issues, such as those under the Property and General Welfare Clauses, and the Fourth, Fifth, and Seventh Amendments.

Number of Pages in PDF File: 10

Keywords: environmental law, constitutional law

JEL Classification: K32

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Date posted: September 18, 2009  

Suggested Citation

May, James, Constitutional Law: 2008 Annual Report (March 1, 2009). Environment, Energy and Resources Law: The Year in Review, 2008. Available at SSRN: http://ssrn.com/abstract=1474439

Contact Information

James May (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
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