Federalism

What Is Lost During State Implementation of Federal Law?

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

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

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

Strengthening the Stem Cell Industry Through Better Regulation

FDA should take steps to strengthen the regenerative medicine industry.

How Federalism Has Harmed Public Health

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

Federalism and Environmental Advocacy

The Supreme Court appears inconsistently enthusiastic about federal regulation and state-centric environmentalism.

Regulatory Uncertainty Over Emergency Powers in Switzerland

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 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

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?

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

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?

Can Red and Purple States Go Green?

Scholars argue that state policymaking cannot effectively counteract federal environmental deregulation.