Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law

Federalism

Selected Works

PDF

2007

Articles 1 - 2 of 2

Full-Text Articles in Law

Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan Jan 2007

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

Erin Ryan

Federalism and the Tug of War Within explores tensions that arise among the underlying values of federalism when state or federal actors regulate within the “interjurisdictional gray area” that implicates both local and national concerns. Drawing examples from the failed response to Hurricane Katrina and other interjurisdictional problems to illustrate this conflict, the Article demonstrates how the trajectory set by the New Federalism’s “strict-separationist” model of dual sovereignty inhibits effective governance in these 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 federalism’s subsidiarity …

Go to article

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 …

Go to article