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Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
The Many Uses Of Federalism, Donald L. Horowitz
The Many Uses Of Federalism, Donald L. Horowitz
Faculty Scholarship
This paper forms part of a symposium on Sanford Levinson's Our Undemocratic Constitution. It points out that although almost no large state that is governed democratically is not a federation, there are only about 24 federations in the world and all but four of these antedate the Third Wave of Democratization, which began in 1974. Most new democracies have not found federalism attractive. Yet, for many such countries, devolution (or scaling-down) federalism, in contrast to the scaling-up federalism originally devised in 1787, has great potential to alleviate conflicts in severely divided societies. Many of these are small or medium-sized states. …