Document Type
Article
Publication Date
1998
Abstract
This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as applied against the states.
Recommended Citation
Malloy, S. Elizabeth, "Whose Federalism" (1998). Faculty Articles and Other Publications. 40.
https://scholarship.law.uc.edu/fac_pubs/40
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Constitutional Law Commons, Disability Law Commons, Jurisprudence Commons, State and Local Government Law Commons