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Faculty Scholarship

Duke Law

Comparative and Foreign Law

2007

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Full-Text Articles in Law

The Many Uses Of Federalism, Donald L. Horowitz Jan 2007

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 ...


Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler Jan 2007

Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.