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Full-Text Articles in Law
Response: Commandeering Information (And Informing The Commandeered), Anthony Johnstone
Response: Commandeering Information (And Informing The Commandeered), Anthony Johnstone
Faculty Law Review Articles
This article is a response to Can the States Keep Secrets from the Federal Government? by Robert Mikos. The author amplifies and extends Professor Mikos's first point, which identifies the commandeering problem and suggests some limits to his second point, which proposes a judicially managed solution.
The Enumerated Powers Of States, Robert G. Natelson
The Enumerated Powers Of States, Robert G. Natelson
Faculty Law Review Articles
In this article, the author distills the essence of the federalists' enumeration of state powers for the benefit of the ratifying public. The article concludes that the listed items strongly suggest that a guiding principle of American federalism is a Coasean one: externalities and/or interdependence, without more, generally do not serve as constitutional justification for further centralization.