The Yale Law Journal

Results for 'what is dual federalism'

Coordinated Rulemaking and Cooperative Federalism’s Administrative Law

them. Cooperative federalism’s administrative law is similarly positioned today—a deficit this Article begins to remedy. “Cooperative federalism” can

Empire States: The Coming of Dual Federalism

about federalism’s aims actually reflect what federalism was designed to accomplish. author. Associate Professor of Law, Stanford Law School. Thanks

Ghostwriting Federalism

Administrative Law, 132 Yale L.J. 1320, 1333 (2023); Abbe R. Gluck & Nicole Huberfeld, What Is Federalism in Healthcare For?, 70 Stan. L. Rev. 1689, 1703 (2018

Our [National] Federalism

first is about modern federalism’s primary domain and its source: federalism now comes from federal statutes. It is “National Federalism”—statutory

Federalism as the New Nationalism: An Overview

about what fuels federalism’s dynamics. Bulman-Pozen has argued that partisan competition is what brings federalism to life (and, in doing so, has

Federalism

Texas warned darkly that… Forum Introduction Federalism scholarship and doctrine have long viewed the states as monoliths.1 It is New York that is

Negotiating Conflict Through Federalism: Institutional and Popular Perspectives

more ideological and normative. The question of federalism’s value breaks down into several inquiries: Of what value is it to the central government

Forum: A Cooperative Federalism Approach to Shareholder Arbitration

debates about shareholder arbitration. This Essay explains why cooperative federalism is a natural fit for addressing these issues. Moreover, we

From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism

is to revive dual federalism, a commitment to judicially enforced separate spheres of state and federal authority. But for many more, Corwin’s words

Dual Sovereignty, Due Process, and Duplicative Punishment: A New Solution to an Old Problem

the protection from multiple punishments across different trials. What makes the dual-sovereign context interesting is that it allows us to