I examine the relationship between judicial federalism and state-level representation. I develop a framework in which federal courts establish a ``federal floor" in a policy area, thus creating an asymmetry---states with lower levels of policy must shift policy to the floor, whereas states higher levels of policy above the floor are unaffected. I use the framework to recast the ``counter-majoritarian difficulty'' as an issue of federalism. To illustrate the framework, I present a quantitative analysis of the legalization of same-sex marriage in all 50 states, using data on public opinion, federal and state judicial decisions, and state-level policy
Contemporary American politics features intense political polarization and closely contested battles...
Part I describes aspects of the historical and doctrinal background of judicial federalism. Part II ...
The present article aims to analyze the judicial federalism in the United States. To do so, it compa...
Enforcing federalism is most commonly thought to involve the search for a constitutional delegation ...
I examine the impact federal appellate courts have on state policy diffusion through the use of comp...
Federalism and courts intersect in two important ways. The first concerns court adjudication of cons...
I conduct a quantitative evaluation of the ``counter-majoritarian difficulty" by examining the relat...
For decades, constitutional theorists have confronted the normative problems associated with judicia...
To determine whether federalism executes multi-level governance to realize democracy, we examine con...
Changes in federalism that adjust the very foundation of our intergovernmental system certainly meri...
The legitimacy of U.S. juridical use of comparative constitutional law has sparked vigorous scholarl...
Assessing the empirical implications of many theoretical models of judicial politics requires a meas...
This replication archive contains all data and code to replicate the results in "A Common-Space Scal...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
Assuming that we desire to design formal rules that would maximize the attainment of the aims of cre...
Contemporary American politics features intense political polarization and closely contested battles...
Part I describes aspects of the historical and doctrinal background of judicial federalism. Part II ...
The present article aims to analyze the judicial federalism in the United States. To do so, it compa...
Enforcing federalism is most commonly thought to involve the search for a constitutional delegation ...
I examine the impact federal appellate courts have on state policy diffusion through the use of comp...
Federalism and courts intersect in two important ways. The first concerns court adjudication of cons...
I conduct a quantitative evaluation of the ``counter-majoritarian difficulty" by examining the relat...
For decades, constitutional theorists have confronted the normative problems associated with judicia...
To determine whether federalism executes multi-level governance to realize democracy, we examine con...
Changes in federalism that adjust the very foundation of our intergovernmental system certainly meri...
The legitimacy of U.S. juridical use of comparative constitutional law has sparked vigorous scholarl...
Assessing the empirical implications of many theoretical models of judicial politics requires a meas...
This replication archive contains all data and code to replicate the results in "A Common-Space Scal...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
Assuming that we desire to design formal rules that would maximize the attainment of the aims of cre...
Contemporary American politics features intense political polarization and closely contested battles...
Part I describes aspects of the historical and doctrinal background of judicial federalism. Part II ...
The present article aims to analyze the judicial federalism in the United States. To do so, it compa...