What Is Lost During State Implementation of Federal Law?
Scholar analyzes the problems of unwritten state law implementing federal programs.
Legislators as Defendants but Not as Plaintiffs
The Supreme Court increased potential intervening defendants when it implicitly protected voter ID laws.
A Sandbox for the U.S. Financial System
To experiment with regulatory sandboxes, Congress must address the fragmentation of financial regulation.
Strengthening the Stem Cell Industry Through Better Regulation
FDA should take steps to strengthen the regenerative medicine industry.
How Federalism Has Harmed Public Health
Scholars argue that federalism has hindered the U.S. response to the COVID-19 pandemic.
Federalism and Environmental Advocacy
The Supreme Court appears inconsistently enthusiastic about federal regulation and state-centric environmentalism.
Regulatory Uncertainty Over Emergency Powers in Switzerland
Democratic process and federalism concerns raise questions about the Swiss government’s COVID-19 policies.
Mexico’s Untimely Fight Against Coronavirus
Mexico’s citizens and economy suffer because the President failed to invoke the only constitutional tool to fight COVID-19.
Regulating Sports Betting After Murphy v. NCAA
After a 2018 Supreme Court case, the laboratories of democracy are busy experimenting with sports betting.
Are Regulatory Agreements to Address Climate Change Anticompetitive?
A federal antitrust investigation of automakers cooperating with California probably has no basis in law.
Regulating Safety After Merck v. Albrecht
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.
Can Red and Purple States Go Green?
Scholars argue that state policymaking cannot effectively counteract federal environmental deregulation.