Caleb Nelson has an excellent new paper on SSRN, The Legitimacy of (Some) Federal Common Law. As my friend Steve Sachs put it, “self-recommending.” Here’s the abstract: Much of the modern debate over federal common law starts from the premise that when courts articulate rules of decision as a matter of unwritten law, they are […]
A congressional hearing this morning will look into how to divide responsibility for environmental protection between the federal and state governments.
A recently published interdisciplinary Nomos volume on "Federalism and Subsidiarity," with contributions by prominent legal scholars and political scientists across the political spectrum.
The Supreme Court declined to hear a Dormant Commerce Clause challenge to California's climate change regulations, but the issue is likely to reach it eventually.
My Cato Institute Policy Analysis on the relationship between libertarianism and federalism argues that federalism often helps promote libertarian goals, but can also sometimes pose a threat to them. Whether federalism promotes liberty or instead undermines it often depends on the structure of the federal system in question,
In United States v. Miller the Department of Justice claims it may use the commerce clause to prosecute the forcible cutting of a beard as a hate crime.
Eleventh Circuit judges think failure to appoint more Eleventh Circuit judges is an emergency
With implications for the Voting Rights Act and the field of federal courts
Is there an anti-police-power principle?
From the majority opinion (the Court was unanimous on the result, but not the reasoning): [I]t is appropriate to refer to basic principles of federalism embodied in the Constitution to resolve ambiguity in a federal statute. In this case, the ambiguity derives from the improbably broad reach of the key statutory definition given the term […]