A Petition Clause analysis of suits against the government: implications for Rule 11 sanctions

Article Abstract:

A narrow interpretation of Federal Rule of Civil Procedure 11 is supported by a three-part interest-based analysis of the Petition Clause of the Constitution. The Petition Clause promotes interests in governmental accountability through general petitions and the neutral resolution of disputes through judicial petitions. Both interests are served by citizen lawsuits against the government. When these interests are weighed in strict scrutiny analysis, Rule 11 does not meet compelling interest or narrow tailoring requirements that would justify restricting citizens' rights to file suits against the government.

Petition, Right of, Right of petition, Government litigation

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Saving the states from themselves: Commerce Clause constraints on state tax incentives for business

Article Abstract:

Antidiscrimination principles under the Commerce Clause of the US Constitution should be employed to limit tax incentive competition between states. Competition between states to attract businesses with greater and greater tax incentives results in a race to the bottom that harms the residents of all states. The Commerce Clause has generally been used to bar state discrimination against out-of-state businesses. The objectives of the Commerce Clause would be well-served by employing it to strike down state tax incentives that impede interstate commerce and harm the national economy.

United States, Federalism, Tax incentives, Tax abatement, states, U.S. Const. art. 1, s. 8, cl. 3

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Reclaiming home rule

Article Abstract:

The author examines the concept of home rule and local government attempts to reclaim home rule power to control urban sprawl.

Public Administration, State & Local Government, Local Government, Analysis, Political aspects, Powers and duties, Limited-growth policy, Limited growth policy, State/local government software, Home rule

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