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Federalism

University of Montana

Constitutional Law

Articles 1 - 7 of 7

Full-Text Articles in Law

Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr. Feb 2015

Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr.

Montana Law Review

No abstract provided.


Will Uncooperative Federalism Survive Nfib?, Abigail R. Moncrieff, Jonathan Dinerstein Feb 2015

Will Uncooperative Federalism Survive Nfib?, Abigail R. Moncrieff, Jonathan Dinerstein

Montana Law Review

No abstract provided.


Tribal Disruption And Federalism, Matthew L.M. Fletcher Feb 2015

Tribal Disruption And Federalism, Matthew L.M. Fletcher

Montana Law Review

No abstract provided.


The Future Of Federalism, From The Bottom Up, Anthony Johnstone Feb 2015

The Future Of Federalism, From The Bottom Up, Anthony Johnstone

Montana Law Review

No abstract provided.


Democracy, Foot Voting, And The Case For Limiting Federal Power, Ilya Somin Feb 2015

Democracy, Foot Voting, And The Case For Limiting Federal Power, Ilya Somin

Montana Law Review

No abstract provided.


Response: Commandeering Information (And Informing The Commandeered), Anthony Johnstone Jan 2013

Response: Commandeering Information (And Informing The Commandeered), Anthony Johnstone

Faculty Law Review Articles

This article is a response to Can the States Keep Secrets from the Federal Government? by Robert Mikos. The author amplifies and extends Professor Mikos's first point, which identifies the commandeering problem and suggests some limits to his second point, which proposes a judicially managed solution.


The Enumerated Powers Of States, Robert G. Natelson Jan 2003

The Enumerated Powers Of States, Robert G. Natelson

Faculty Law Review Articles

In this article, the author distills the essence of the federalists' enumeration of state powers for the benefit of the ratifying public. The article concludes that the listed items strongly suggest that a guiding principle of American federalism is a Coasean one: externalities and/or interdependence, without more, generally do not serve as constitutional justification for further centralization.