Topic
Federalism
Posts
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ArticleVol. 92 · Iss. 3
(Mis)Trusting States to Run Elections
Recent Supreme Court election law jurisprudence reflects an unspoken, pernicious trend. Without identifying a specific new rule, the Court has been unjustifiably deferring to…
Joshua A. Douglas -
ArticleVol. 91 · Iss. 6
The Constitution According to Justices Scalia and Thomas: Alive and Kickin’
No one expects Supreme Court Justices to be completely consistent across the vast range of emotionally charged and controversial constitutional law issues they are…
Eric J. Segall -
ArticleVol. 91 · Iss. 5
Why Do Cities Innovate in Public Health? Implications of Scale and Structure
Big cities have frequently enacted public health regulations—especially with respect to tobacco use and obesity—that go beyond the state and federal regulatory floors. That…
Paul A. Diller -
NoteVol. 91 · Iss. 1
The Proper Meaning of “Proper”: Why the Regulation ofIntrastate, Non-CommercialSpecies Under the Endangered Species Act Is an Invalid Exercise of the Commerce Clause
This Note argues that the ESA‘s regulation of purely intrastate, non- commercial species is an invalid exercise of the Commerce Clause. Reviewing courts have…
Kevin Simpson -
ArticleVol. 91 · Iss. 1
How NFIB v. Sebelius Affects the Constitutional Gestalt
This Essay examines the effects of the Supreme Court‘s decision in National Federation of Independent Business v. Sebelius, in which the Court addressed the…
Lawrence B. Solum -
NoteVol. 98 · Iss. 3
It’s Five O’Clock Everywhere: A Framework for the Modernization of Time
This Note discusses existing legal procedures by which the current system of time could be modified to adapt to contemporary social changes and reduce…
Ryan Deal -
ArticleVol. 90 · Iss. 5
Asking the First Question: Reframing Bivens After Minnici
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Named Agents of Federal Bureau…
Lumen N. Mulligan & Alexander A. Reinert -
ArticleVol. 90 · Iss. 3
Disaggregating
This Article explores a central theme that ties together rationales to exit aggregation of tort claims: disaggregating helps to protect litigants’ substantive rights and…
Elizabeth Chamblee Burch -
NoteVol. 90 · Iss. 2
Purpose and Intent: Seeking A More Consistent Approach to Stream of Commerce Personal Jurisdiction
The stream of commerce theory of personal jurisdiction has existed in a state of confusion and uncertainty for more than a quarter of a…
Shane Yeargan -
ArticleVol. 89 · Iss. 6
Rebellious State Crimmigration Enforcement and the Foreign Affairs Power
The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These…
Mary Fan -
NoteVol. 89 · Iss. 1
Missouri’s Health Care Battle and Differential Judicial Review of Popular Lawmaking
The appeal of popular lawmaking, one of the few ways in which citizens of our country may make their wishes directly known without elected…
Raquel Frisardi -
ArticleVol. 89 · Iss. 1
In Defense of the Substance-Procedure Dichotomy
John Hart famously observed, “We were all brought up on sophisticated talk about the fluidity of the line between substance and procedure,” but for…
Jennifer S. Hendricks