Rethinking Federalism

When Federalism and Separation of Powers Collide - Rethinking Younger Abstention

Rethinking Corporate Federalism in the Era of Corporate Reform

Many commentators have criticized the Sarbanes-Oxley Act of 2002 as evidence of the “creeping federalization of corporate law.”1 In this Article, I argue that a realistic threat of federalization is necessary to ensure the robust development of corporate law at the state level. Recent research suggests that Delaware enjoys a monopoly position in the market for “out-of-state” incorporations. Thi...

Cost-benefit federalism: reconciling collective action federalism and libertarian federalism in the Obamacare litigation and beyond.

Justice Brennan and Federalism

Fail-Safe Federalism

We explore the consequences for social welfare and the national political conflict of several key institutional features of federalism in the United States: supermajoritarian national institutions and permeable boundaries in the provision of by national and state governments, where the actions by the former can crowd out the latter. States with high demand for public good provision are better p...