Topic
Federalism
Posts
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ArticleVol. 104 · Iss. 2
Corporate Crime and Corporate Bankruptcy
Mass-tort bankruptcies often arise from underlying criminal conduct, yet organizational criminal charges are pursued inconsistently. In some high-profile Chapter 11 reorganizations, such as that…
Alexander Gouzoules -
ArticleVol. 103 · Iss. 6
Against Doctrinal Siloing: Harmonizing Fiscal Federalism and the U.S. Constitution
Introduction The founders have been credited with “splitting the atom of sovereignty” in creating our federal system. Yet this revolutionary achievement has fractured into…
David Gamage & Darien Shanske -
ArticleVol. 103 · Iss. 6
The Missing Constitutional Law of Executive Conditions
Abstract This Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from…
Nicole Huberfeld & Matthew B. Lawrence -
CommentaryVol. 103 · Iss. 3
Havens for Corporate Lawbreaking
Whether corporations are obligated to maximize profits or if they ought to consider societal interests more broadly remains one of the most highly contested…
William J. Moon -
NoteVol. 103 · Iss. 2
Texas and “DExits”: Can the Texas Business Courts Drive Delaware’s Downfall?
Texas’s freshly minted business courts offer significant and unique incentives for businesses to incorporate in the state. However, it remains to be seen whether…
Katherine M. O'Quinn -
ArticleVol. 103 · Iss. 1
Personal Jurisdiction and Federalism
Personal jurisdiction has long professed to safeguard interstate federalism through the principle that good fences make good neighbors. Although this goal sits uncomfortably with…
Scott Dodson -
Online2025
Why Charters?
While charters are poorly designed for broad public transparency, they still provide benefits by functioning like a recording system that reduces investigation costs and…
Abraham J.B. Cable -
Online2025
Recovering from Rucho: How States Can Create National Partisan Fairness
Rucho v. Common Cause and the failure to pass H.R. 1 have left national gerrymandering reform on life support. At present, however, states committed to…
James Piltch & Aaron Goldzimer -
ArticleVol. 102 · Iss. 5
Judicial Imperialism: The Supreme Court’s Assault on Tribal Sovereignty and the Rule of Law
The post-1970s Supreme Court has abandoned precedents supporting tribal self-governance and devised new theories to strip tribes of sovereign powers. The Supreme Court’s assault…
Adam Crepelle -
Online2025
Federal Enclaves: Critical Islands of Federal Jurisdiction Protecting the National Interest
The Framers of the new Constitution insisted upon a neutral situs for the federal government and the land it owns and operates that would…
Walter H. Boone, Jennifer J. Skipper, Demarcus McGee, Kye C. Handy & Balch & Bingham LLP -
ArticleVol. 102 · Iss. 4
The Future of Jurisdiction
A new paradigm for conceptualizing the doctrine of personal jurisdiction is long overdue. In the nineteenth century, the U.S. Supreme Court established a firm…
Paul Schiff Berman -
NoteVol. 102 · Iss. 3
Safe at Home: Reimagining Address Confidentiality
On her fourth attempt to escape, a Michigan survivor hoped that her abuser would not find her this time. But, as in her previous…
Haley Bills