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Full-Text Articles in Law
State Enforcement Of National Policy: A Contextual Approach (With Evidence From The Securities Realm), Amanda Rose
State Enforcement Of National Policy: A Contextual Approach (With Evidence From The Securities Realm), Amanda Rose
Vanderbilt Law School Faculty Publications
This Article addresses a topic of contemporary public policy significance: the optimal allocation of law enforcement authority in our federalist system. Proponents of competitive federalism have long argued that assigning concurrent enforcement authority to states and the federal government can lead to redundant expense, policy distortion, and a loss of democratic accountability. A growing literature responds to these claims, trumpeting the benefits of concurrent state-federal enforcement - most notably the potential for state regulators to remedy under-enforcement by captured federal agencies. Both bodies of scholarship are right, but also incomplete. What is missing from this rather polarized debate is a …
Federal Preemption And Clean Energy Floors, Jim Rossi, Thomas Hutton
Federal Preemption And Clean Energy Floors, Jim Rossi, Thomas Hutton
Vanderbilt Law School Faculty Publications
Federal policies regarding renewable and clean energy often lack clear definition, are incomplete, and are scattered across multiple statutes and agencies. Yet at the same time, recent decisions of both federal agencies and courts have attributed a preemptive effect to federal statutes that threatens to hobble innovation in renewable and clean energy policy by subnational regulators. One consequence of this approach is that most significant policies promoting clean and renewable energy are channeled toward subsidies from the federal fisc, rather than diverse policies undertaken independently by state governments or regional customers and suppliers. This Article argues that, contrary to many …