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Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan

Scholarly Publications

This article explores tensions between the underlying values of federalism that come into conflict when either the federal or State governments regulate within the interjurisdictional gray area that simultaneously implicates important local and national concerns. The piece takes the example of the failed response to Hurricane Katrina to illustrate the conflict between federalism values that arise within this realm, and how the New Federalism's strict separationist model of dual sovereignty inhibits effective governance in interjurisdictional contexts. In addition to the anti-tyranny, pro-accountability, and localism-protective values of federalism, the article identifies a problem-solving value inherent in the capacity requirement of American …