Search
Now showing items 1-7 of 7
Indemnification as an Alternative to Nullification
(Montana Law Review, 2015)
The federalization of criminal law arguably threatens the states’ traditional police powers. Congress has criminalized myriad activities the states condone (or at least tolerate); it has denied federal criminal defendants ...
Making Preemption Less Palatable
(George Washington Law Review, 2017)
Congressional preemption constitutes perhaps the single greatest threat to state power and to the values served thereby. Given the structural incentives now in place, there is little to deter Congress from preempting state ...
Can the States Keep Secrets From the Federal Government?
(University of Pennsylvania Law Review, 2012)
States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly, the federal government is keenly interested in this information. It ...
Medical Marijuana and the Political Safeguards of Federalism
(Denver University Law Review, 2012)
Medical marijuana has emerged as one of the key federalism battlegrounds of the last two decades. Since 1996, sixteen states have passed new laws legalizing the drug for certain medical purposes.' All the while, the federal ...
Risky Business?
(Illinois Law Review, 2017)
While it is clear that the new attorney general opposes state marijuana reforms, it is less clear what he will or even could do to block those reforms or to curb the industry that has flourished under them. The popularity ...
Has the "M" Word Been Framed? Marijuana, Cannabis, and Public Opinion
(PLoS One, 2019)
Over the past two decades, a growing cadre of US states has legalized the drug commonly known as “marijuana.” But even as more states legalize the drug, proponents of reform have begun to shun the term “marijuana” in favor ...
Standing for Nothing
(Notre Dame Law Review, 2019)
A growing number of courts and commentators have suggested that states have Article III standing to protect state law. Proponents of such “protective” standing argue that states must be given access to federal court whenever ...