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The New Frontier of State Constitutional Law
(William and Mary Law Review, 2005)
In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the ...
Dual Constitutions and Constitutional Duels: Separation of Powers and State Implementation of Federally Inspired Regulatory Programs and Standards
(William and Mary Law Review, 2005)
Frequently, state-wide executive agencies and localities attempt to implement federally-inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific ...
Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism
(Washington University Law Quarterly, 2005)
Federal judicial deference to state and local regulation is at the center of contentious debates regarding the implementation of competition policy. This Article invokes a political process bargaining framework to develop ...
Empirical Measures of Judicial Performance: An Introduction to the Symposium
(Florida State University Law Review, 2005)
Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them ...
Moving Public Law Out of the Deference Trap in Regulated Industries
(Wake Forest Law Review, 2005)
This Article argues that public law has fallen into what I call a deference trap in addressing conflicts in deregulated industries, such as telecommunications and electric power. The deference trap describes a judicial ...
Transmission Siting in Deregulated Wholesale Power Markets: Re-Imagining the Role of Courts in Resolving Federal-State Siting Impasses
(Duke Environmental Law & Policy Forum, 2005)
During most of the twentieth century, state and local regulatory bodies coordinated the siting or power plants and transmission lines. These bodies focused on two important issues: 1) the determination of need, so as to ...