Topic
Federalism
Posts
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NoteVol. 101 · Iss. 5
Better Good Than Lucky: A Legal Analysis Of Poker As A Skill Game In A Changing Gambling Climate
Economist Steven Levitt likens the game of poker to playing a sport or a musical instrument. Many people from all walks of life enjoy…
Elissa B. Harwood -
ArticleVol. 101 · Iss. 2
The Major Questions Doctrine in the States
In West Virginia v. EPA and Biden v. Nebraska, the Supreme Court firmly established the major questions doctrine as a tool of statutory interpretation,…
Evan C. Zoldan -
CommentaryVol. 101 · Iss. 2
Corporate Consolidation of Rental Housing & the Case for National Rent Stabilization
Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of…
Brandon Weiss -
Online2023
Why U.S. States Need Their Own Cannabis Industry Banks
The legal cannabis trade is the fastest growing industry in the United States. In 2019, about 48.2 million Americans used the drug at least…
Christoph Henkel & Randall K. Johnson -
NoteVol. 100 · Iss. 4
Turning Around America’s Traffic Crisis One Roundabout at a Time: Why More Roundabouts Means Safer Roads and Fewer Automobile Deaths
Introduction Henry Ford’s early twentieth-century breakthroughs in automotive mass production merged the United States into the fast lane toward motor vehicles becoming a dominant…
Neven Sussman -
Online2023
The Controlled Substances Act: An International Private Delegation That Goes Too Far
Introduction Under current Supreme Court precedent, Congress can delegate regulatory authority to federal agencies so long as it supplies an intelligible principle to guide…
Shane Pennington & Matthew C. Zorn -
ArticleVol. 99 · Iss. 5
Regional Immigration Enforcement
Regional disparities in immigration enforcement have existed for decades, yet they remain largely overlooked in immigration law scholarship. This Article theorizes that bottom-up pressure…
Fatma Marouf -
ArticleVol. 99 · Iss. 4
Ford’s Underlying Controversy
ABSTRACT Personal jurisdiction—the doctrine that determines where a plaintiff can sue—is a mess. Everyone agrees that a court can exercise personal jurisdiction over a…
Christine P. Bartholomew & Anya Bernstein -
NoteVol. 99 · Iss. 4
Combating Exclusion & Achieving Affordable Housing: The Case for Broad Adoption of Housing Appeals Statutes
Introduction The United States has a serious affordable housing problem, and by nearly every measure the problem is worsening. Across the country, counties and…
Bob Neel -
NoteVol. 87 · Iss. 4
Administrative Monopoly and China’s New Anti-Monopoly Law: Lessons from Europe ‘s State Aid Doctrine
On August 1, 2008, China’s Anti-Monopoly Law (AML), its first comprehensive anti-monopoly legislation, came into effect. Observers guardedly hope the AML will serve as…
Jacob S. Schneider -
ArticleVol. 88 · Iss. 5
Jurisdiction by Cross-Reference
State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to…
Lumen N. Mulligan -
ArticleVol. 87 · Iss. 1
Hidden Taxes
The idea of hidden taxes is as old as John Stuart Mill, but convincing evidence of their existence is new. In this Article, I…
Brian Galle