Federalism 3.0

This Essay lays out a research agenda for federalism in the twenty-first century. I recognize the hubris in this, so let me hasten to add that what follows is a synthesis of hundreds of pages of law review articles. I will give a bird\u27s eye view of the terrain I\u27ve already mapped and then describe the path we should take from here. What I write is very much in the spirit of Justice William Brennan, whose legacy is honored by these lectures. Like me, Justice Brennan was a nationalist who believed that states could play a central role in our democracy, a double source of protection. Federalism, he wrote, need not be a mean-spirited doctrine that serves only to limit the scope of human liberty