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Response To Heather Gerken's Federalism And Nationalism: Time For A Détente?, Erin Ryan
Response To Heather Gerken's Federalism And Nationalism: Time For A Détente?, Erin Ryan
Scholarly Publications
No abstract provided.
Negotiating Federalism And The Structural Constitutionn: Navigating The Separation Of Powers Both Vertically And Horizontally, Erin Ryan
Scholarly Publications
No abstract provided.
Negotiating Federalism And The Structural Constitution: Navigating The Separation Of Powers Both Vertically And Horizontally, Erin Ryan
Scholarly Publications
This essay explores the emerging literature on the negotiation of structural constitutional governance, to which Professor Aziz Huq has made an important contribution in The Negotiated Structural Constitution, 114 Colum. L. Rev. 1595 (2014). In the piece, Professor Huq reviews the negotiation of constitutional entitlements and challenges the conventional wisdom about the limits of political bargaining as a means of allocating authority among the three branches of government. He argues that constitutional ambiguities in the horizontal allocation of power are sometimes best resolved through legislative-executive negotiation, just as uncertain grants of constitutional authority are already negotiated between state and federal …
“When Mercy Seasons Justice”: Interstate Recognition Of Ex-Offender Rights, Wayne A. Logan
“When Mercy Seasons Justice”: Interstate Recognition Of Ex-Offender Rights, Wayne A. Logan
Scholarly Publications
To the great relief of many, states are now rethinking their draconian criminal justice policies of the past several decades. In addition to shrinking prison and jail populations, reforms are underway to expand opportunities for relief from the collateral consequences of conviction, such as the loss of the right to vote, serve as a juror, or work in certain occupations, which can impede the ability of ex-offenders to successfully reintegrate into society. In coming years, as states seek to reduce their high recidivism rates, such relief efforts will likely continue to grow in number; as they do, we should expect …
Response To Heather Gerken's 'Federalism And Nationalism: Time For A Détente?', Erin Ryan
Response To Heather Gerken's 'Federalism And Nationalism: Time For A Détente?', Erin Ryan
Scholarly Publications
This essay is a transcription of remarks made at the 2014 Childress Lecture at St. Louis University Law School, honoring Heather Gerken’s federalism scholarship. The essay, invited by Professor Gerken, responds to her lead symposium piece on the synthesis of federalism and nationalism ideals in federalism theory. It reflects on her contributions to the discourse as both a scholar and a mentor, praising her work as a leading component of an emerging consensus among federalism theorists that the old frameworks for thinking about interjurisdictional governance require revisiting. This new literature recognizes that the federal system depends as much on interjurisdictional …