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Full-Text Articles in Law
Uncooperative Federalism, Jessica Bulman-Pozen, Heather K. Gerken
Uncooperative Federalism, Jessica Bulman-Pozen, Heather K. Gerken
Faculty Scholarship
This Essay addresses a gap in the federalism literature. Scholars have offered two distinct visions of federal-state relations. The first depicts states as rivals and challengers to the federal government, roles they play by virtue of being autonomous policymakers outside the federal system. A second vision is offered by scholars of cooperative federalism, who argue that in most areas states serve not as autonomous outsiders, but supportive insiders – servants and allies carrying out federal policy. Legal scholarship has not connected these competing visions to consider how the state's status as servant, insider, and ally might enable it to be …
Davis V. Fec: The Roberts Court's Continuing Attack On Campaign Finance Reform, Richard Briffault
Davis V. Fec: The Roberts Court's Continuing Attack On Campaign Finance Reform, Richard Briffault
Faculty Scholarship
In Davis v. FEC, decided on the last day of the October 2007 Term, a closely divided Supreme Court invalidated the so-called Millionaires' Amendment, which was a provision added to the Federal Election Campaign Act ("FECA") as part of the Bipartisan Campaign Reform Act ("BCRA") of 2002 to make it easier for Senate and House candidates to raise private contributions when they run against an opponent who uses a substantial amount of personal wealth to pay for his or her campaign. From the reform perspective, the loss of the Millionaires' Amendment was not of great moment. The Amendment was …
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel C. Richman
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel C. Richman
Faculty Scholarship
This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administration might lead policymakers and observers to overlook the hard questions that remain about how the federal criminal bureaucracy should be structured and guided during a period of rapidly shifting priorities …