Data Federalism
Vol. 135 No. 4
Private markets for individual data have received significant and sustained attention in recent years. But data markets are not for the private sector alone....
Federalism
“As the Legislature Has Prescribed”: Removing Presidential Elections from the Anderson-Burdick Framework
Vol. 135 No. 4
In the summer of 2019, California enacted Senate Bill 27 (S.B. 27), or the Presidential Tax Transparency and Accountability Act. The law required candidates...
Privatization’s Preemptive Effects
Vol. 134 No. 6
Many states offer their citizens protections, benefits, and services that go well beyond those of federal law, ranging from consumer protection to education, environmental...
Long Live The Federal Power Act’s Bright Line
Vol. 134 No. 4
This Article interprets a trio of recent Supreme Court cases that addressed jurisdictional disputes in energy markets to identify which policies respect the Federal...
Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
Vol. 134 No. 2
The Takings Clause protects against governmental takings of property without just compensation. Traditionally, takings claims have not expanded beyond actions performed by the political...
H.R. 1, 116th Cong. (2019)
House Passes Bill that Would Require States to Adopt Independent Redistricting Commissions for Congressional Maps.
Vol. 133 No. 5
Pack the Union: A Proposal to Admit New States for the Purpose of Amending the Constitution to Ensure Equal Representation
Vol. 133 No. 3
For most of the twenty-first century, the world’s oldest surviving democracy has been led by a chief executive who received fewer votes than his...
Indictment, United States v. Joseph
Department of Justice Brings Obstruction of Justice Charges Against Massachusetts State Court Judge.
Vol. 133 No. 3
Sims v. Hyatte
Seventh Circuit Grants Habeas Relief Under 28 U.S.C. § 2254(d) to Petitioner Alleging Brady Violation Due to Hidden Evidence of Witness Hypnosis.
Vol. 133 No. 2
The Sovereign Self-Preservation Doctrine in Environmental Law
Vol. 133 No. 2
Federal, state, and tribal sovereignties comingle in our “compound republic of America.” Imagine that one of these sovereigns, or its citizens, threatens the health...