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Dynamic Incorporation of Federal Law
(Ohio State Law Journal, 2016)
This Article provides a comprehensive analysis of state constitutional limits on legislative incorporation of dynamic federal law, as occurs when a state legislature incorporates future federal tax, environmental or health ...
Democratic Education
(Texas Law Review, 1988)
Amy Gutmann's Democratic Education might equally well be entitled Republican Education, for its central theme is how to produce true republican citizens-citizens who possess both the ability and the motivation
to participate ...
"Maladaptive" Federalism: The Structural Barriers to Coordination of State Sustainability Initiatives
(Case Western Law Review, 2014)
While the federal government has been slow to address problems such as climate change, many states have adopted innovative approaches to address the climate impact of using natural resources to produce energy, including ...
Reforming Regulation
(Politico Magazine, 2016-11-01)
The debate over federal regulation has long been at the center of political contests. But surprisingly, the degree of agreement about regulation is considerable. No serious commentator denies that regulation is essential ...
Standing for Nothing
(Notre Dame Law Review, 2019)
A growing number of courts and commentators have suggested that states have Article III standing to protect state law. Proponents of such “protective” standing argue that states must be given access to federal court whenever ...
Federalism and Accountability
(California Law Review, 2007)
This article examines how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact ...