In response to Sam, I'm happy to try out an argument in support of the
proposition that legislation explicitly adopted as Spending Clause
legislation ought not be upheld on Commerce Clause grounds.
Though I don't claim that this argument would or should carry the day
(Marty's recent post nicely
for specific performance of its contracts, and to withdraw
funding as a remedy for breach of funding conditions
(although perhaps my recollection in this regard is
mistaken).
- Original Message -
From: Mitchell
Berman
To:
[EMAIL PROTECTED]
Sent: Thursday, October 16, 2003 11:43 AM
could make
sense.
Mitch
- Original Message -
From: Mitchell
Berman
To:
[EMAIL PROTECTED]
Sent: Thursday, October 16, 2003 12:29 PM
Subject: Re: FW from Eric Muller: RE: Puzzling cert grant
In response to Sam, I'm happy to try out an argument in support of the proposition
I know this is well-worn ground, but I'd be grateful for some
elaboration, from Ann or others, on what distinguishes those stereotypes
upon which the state may not rely from those generalizations upon which
states and courts may -- indeed, must -- rely in order to carry out any
inquiry into the
