For decades, we have debated whether political safeguards preserve healthy relations between the states and the federal government and thus reduce or eliminate the need for judges to referee state--federal tussles. No one has made such an argument about relations among the states, however, and the few scholars to have considered the question insist that such safeguards don\u27t exist. This Article takes the opposite view and lays down the intellectual foundations for the political safeguards of horizontal federalism
The theorists of the political safeguards of federalism (primarily Herbert Wechsler, Jesse Choper, a...
In this Article, Professor Weiser calls for a new conception of federal-state relations to justify e...
The Burger Court continues to remind us that our federal system is alive and well. The states are no...
For decades, we have debated whether “political safeguards” preserve healthy relations between the s...
This Article constructs frameworks for analyzing federalism\u27s undertheorized horizontal dimension...
States frequently administer federal law, yet scholars have largely overlooked how the practice of c...
In debates about the role of federalism in America, much turns on the differences between states. Bu...
In Constitutional Home Rule and Judicial Scrutiny, Lynn Baker and Daniel Rodriguez start an importan...
The federal courts routinely encounter issues of state law. Often a state court will have already an...
The distinctive feature of federalism is to locate the central and constituent governments\u27 respe...
Part I of this Note offers a brief account of the two main theories of federalism protection: the po...
When the national government passes a law and state officials think the feds have overstepped their ...
In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages...
This article explores tensions between the underlying values of federalism that come into conflict w...
Like all academics, federalism scholars typically divide into camps. Some favor state sovereignty; o...
The theorists of the political safeguards of federalism (primarily Herbert Wechsler, Jesse Choper, a...
In this Article, Professor Weiser calls for a new conception of federal-state relations to justify e...
The Burger Court continues to remind us that our federal system is alive and well. The states are no...
For decades, we have debated whether “political safeguards” preserve healthy relations between the s...
This Article constructs frameworks for analyzing federalism\u27s undertheorized horizontal dimension...
States frequently administer federal law, yet scholars have largely overlooked how the practice of c...
In debates about the role of federalism in America, much turns on the differences between states. Bu...
In Constitutional Home Rule and Judicial Scrutiny, Lynn Baker and Daniel Rodriguez start an importan...
The federal courts routinely encounter issues of state law. Often a state court will have already an...
The distinctive feature of federalism is to locate the central and constituent governments\u27 respe...
Part I of this Note offers a brief account of the two main theories of federalism protection: the po...
When the national government passes a law and state officials think the feds have overstepped their ...
In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages...
This article explores tensions between the underlying values of federalism that come into conflict w...
Like all academics, federalism scholars typically divide into camps. Some favor state sovereignty; o...
The theorists of the political safeguards of federalism (primarily Herbert Wechsler, Jesse Choper, a...
In this Article, Professor Weiser calls for a new conception of federal-state relations to justify e...
The Burger Court continues to remind us that our federal system is alive and well. The states are no...