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Full-Text Articles in Law

Book Review: 51 Imperfect Solutions: States And The Making Of American Constitutional Law, By Hon. Jeffrey S. Sutton, Steven H. Steinglass Sep 2018

Book Review: 51 Imperfect Solutions: States And The Making Of American Constitutional Law, By Hon. Jeffrey S. Sutton, Steven H. Steinglass

Law Faculty Articles and Essays

The Hon. Jeffrey S. Sutton, a judge on the United States Court of Appeals for the Sixth Circuit, has written an excellent book on the importance of state constitutions as bulwarks against state abuse and the source of protections of individual rights. The book, 51 Imperfect Solutions: States and the Making of American Constitutional Law, argues that individual rights are more secure when both federal and state constitutional protections are strong. And our system of federalism and the quality of state and federal judicial decisions are improved when there are state constitutional safeguards.


A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton Apr 2018

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.


America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett Apr 2018

America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett

Senior Theses and Projects

For the past fifty years, American drug policy has been manipulated and enforced in a way that made it possible for drug epidemics to occur and has exaggerated their negative consequences on society. The War on Drugs policy initiatives first implemented in the 1970s created a drug law enforcement structure that has criminalized addiction and made it difficult for addicts to receive treatment. The United States is currently facing it's worst drug epidemic in history due to these policies. However, unlike previous epidemics, the opioid crisis is particularly unique not only because of the unparalleled nature of the issue, but …


The States Of Immigration, Rick Su Jan 2018

The States Of Immigration, Rick Su

Rick Su

Immigration is a national issue and a federal responsibility — so why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that essentially copies existing federal law? Why do they pursue regulations that are likely to be enjoined or struck down by courts? Why do they give so little priority to the immigration laws that do survive?

This Article sheds light on this seemingly irrational behavior. It argues that state …


Federalism Hedging, Entrenchment, And The Climate Challenge, William W. Buzbee Jan 2018

Federalism Hedging, Entrenchment, And The Climate Challenge, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The virtues and effects of federalism continue to generate political, judicial and scholarly ferment. While some federalism partisans champion exclusivity and separation, others praise the more common political choice to retain federal and state regulatory overlap and interaction. Much of this work, however, focuses on government learning or rule clarity, giving little or no attention to how different federalism choices can heighten or hedge risks of regulatory failure and policy reversal. These debates play out with unusual fervor and with high stakes in battles over climate change regulation. Despite broad agreement that any effective climate policy intervention must include national …


Preemption And Commandeering Without Congress, Jessica Bulman-Pozen Jan 2018

Preemption And Commandeering Without Congress, Jessica Bulman-Pozen

Faculty Scholarship

In a time of polarization, states may introduce salutary pluralism into an executive-dominated regime. With partisan divisions sidelining Congress, states are at once principal implementers and principal opponents of presidential policies. As polarization makes states more central to national policymaking, however, it also poses new threats to their ability to act. This Essay cautions against recent efforts to preempt state control over state officials and to require states to follow other states’ policies, using sanctuary jurisdictions and the pending federal Concealed Carry Reciprocity Act as examples.


The Challenge Of The New Preemption, Richard Briffault Jan 2018

The Challenge Of The New Preemption, Richard Briffault

Faculty Scholarship

The past decade has witnessed the emergence and rapid spread of a new and aggressive form of state preemption of local government action across a wide range of subjects, including among others firearms, workplace conditions, sanctuary cities, antidiscrimination laws, and environmental and public health regulation. Particularly striking are punitive measures that do not just preempt local measures but also hit local officials or governments with criminal or civil fines, state aid cutoffs, or liability for damages, as well as broad preemption proposals that would virtually end local initiative over a wide range of subjects. The rise of the new preemption …