Federalism
Consent Procedures and American Federalism
When state participation in federal programs is determined by the mechanism for signing up
Federalism – Sep. of Pwr.
-
-
Federalism - Sep. of Pwr.
Democracy and Disdain
Sometimes the Justices seem barely able to hide their disdain for the other branches of government. Take the oral argument three Terms ago in Northwest Austin Municipal Utility District No.…
-
Federalism - Sep. of Pwr.
Williamson v. Mazda Motor of America, Inc.
-
Federalism - Sep. of Pwr.
American Electric Power Co. v. Connecticut
-
Civil Procedure
Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.
-
Civil Commitment
United States v. Comstock
-
Federalism - Sep. of Pwr.
Statement on Signing the Omnibus Appropriations Act, 2009
President Obama Issues First Constitutional Signing Statement, Declares Appropriations Bill Provisions Unenforceable.
-
Harvard Law Review Forum
Governing Health
Responding to Eugene Volokh, Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs, 120 Harv. L. Rev. 1813 (2007)
-
Federalism - Sep. of Pwr.
The Conservative Insurgency and Presidential Power: A Developmental Perspective on the Unitary Executive
This Essay traces successive elaborations through to the most recent construction of presidential power, the conservative insurgency’s “unitary executive.” Work on this construction began in the 1970s and 1980s during…
-
Federalism - Sep. of Pwr.
Federalism and the Generality Problem in Constitutional Interpretation
In recent years, the Supreme Court has embraced a freestanding federalism that is not tied to any particular clause of the Constitution. Rather, because multiple clauses assume the continued existence…