The Evolving Use and the Changing Role of Interstate Compacts is a long-needed guide to the law and use of interstate compacts. This book explains the historical basis of compacts and the legal underpinnings of compacts. It covers such diverse topics as federal and state court jurisdiction, compact-created administrative agencies, Eleventh Amendment immunity, drafting considerations, and the use of compacts in specific areas such as crime control, child welfare, environmental regulation and economic development. The book also examines why interstate compacts are providing to be the vehicle of choice for cooperation between states and provides practitioners with the tools they need to understand create and make the best use of such agreements.

The law governing formal agreements between U.S. states is unique. Litwak's Interstate Compact Law continues to throw bright light on all facets of compact law as it compares and contrasts compact law with other intergovernmental agreements. This new edition, the Fourth, includes a new chapter on compacts with international participation.Covering materials through Spring 2020, the book includes all the cases, both historical and recent, that are vital to understanding the ways that states cooperate through interstate compacts. The cases have been edited to focus on the compact at issue, in addition to core legal principles. Notes and questions present related materials, supporting and contrary examples, and inviting discussion points.Examining how and why States cooperate, Litwak takes students through the interwoven constitutional, contractual, and administrative law of compacts. Still the only comprehensive book about the law of such agreements, Interstate Compact Law prepares lawyers to apply compact law principles to any manner of intergovernmental cooperation, including states' agreements with foreign governments.

Long taken for granted, water resources are rapidly becoming a contentious issue within American politics. Continuing population growth and rapid development, coupled with environmental events such as droughts, have led to increasing water shortages in sections of the nation. In Interstate Water Compacts author Joseph F. Zimmerman highlights the growing importance of water issues within the United States and a device that has been instrumental in facilitating interstate cooperation to solve water-related problems: the interstate compact. This groundbreaking work is the first to devote itself exclusively to interstate and federal-interstate compacts pertaining to controversies including the abatement of water pollution, apportionment of river waters, economic development, flood control, inland fisheries, marine fisheries, and restoration to rivers of anadromous fish, such as salmon and shad. The process for entering into interstate and federal-interstate compacts is explained in detail, as is the exercise of original jurisdiction by the US Supreme Court to resolve intractable interstate controversies involving interpretation of provisions of compacts, water apportionment, and water pollution abatement. Zimmerman concludes by calling for the President, Congress, governors, state legislatures, and local governments to devote more attention and resources to finding solutions for water-related problems.

With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.