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State and Local Government Law

Federalism

Matthew Parlow

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Progressive Policy-Making On The Local Level: Rethinking Traditional Notions Of Federalism, Matthew J. Parlow Dec 2007

Progressive Policy-Making On The Local Level: Rethinking Traditional Notions Of Federalism, Matthew J. Parlow

Matthew Parlow

Due, in part, to Justice Brandeis' famous dissent, many have presumed that the states are the most fertile ground for policy innovation. However, with their transformation from smaller urban and rural centers to major metropolitan regions, local governments may prove even more fruitful agents of social change and laboratories for policy experimentation. Indeed, local governments are critical components of our federal system and embody the values of federalism both in theory and practice. Local governments have trailblazed in legal and policy arenas where the federal and state governments could not (or would not) engage: gay rights and gay marriage, campaign …


A Localist's Case For Decentralizing Immigration Policy, Matthew J. Parlow Dec 2006

A Localist's Case For Decentralizing Immigration Policy, Matthew J. Parlow

Matthew Parlow

In the past year, local governments have made a foray into the hotly debated arena of immigration law and policy by adopting laws to address illegal immigration in their respective jurisdictions. Courts have struck down many of these laws on the grounds that they are preempted pursuant to a traditional view of federalism. From a localist perspective, however, this is troubling for two reasons. First, traditional federalism fails to recognize local control and autonomy by insisting on treating local governments as mere arms of the state. Instead of the traditional two-tier, federal-state federalism model, localists favor a more modern view …