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importance of state courts and constitutions to American constitutional law). Some establishments are more expansively formulated than others. Laws
federal law offers, at best, unpaid time off work to care for family mem- bers with medical needs, recently enacted state laws guarantee paid leave
” laws aimed at ethnic and religious minority students of Lutheran and Catholic schools; supporting Oregon’s law forcing religious schools to close
diversity of opinions on administrative law,1 that’s hardly a difficult lift. A reasonable judge could be confident in the rule’s lawfulness and just as
of opinions on administrative law,1 that’s hardly a difficult lift. A reasonable judge could be confident in the rule’s lawfulness and just as
of 2016, 64 D.C. Reg. 2152, 2155-56 (Feb. 24, 2017), https://code.dccouncil.us/us/dc/council/laws/21-267 [https://perma.cc/U7MP-GAVH]. the yale law
and that judges may show greater fidelity to the lawmaker by enforcing the spirit rather than the letter of the law.28 Accordingly, while Hans and all
Frickey, Quasi-Constitutional Law: Clear Statement Rules as Constitutional Lawmaking, 45 VAND. L. REV. 593 (1992). They force legislatures to advert to
the conflict of laws that might give rise to significant concern or controversy on a national scale. author. Professor of Law, Seattle University
Macalester College; J.D., University of Virginia. This Article was written while I was a Visiting Assistant Professor at Cornell Law School. Thanks to