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Federalism Anew
(American Journal of Legal History, 2016)
One of the most remarked-upon events of the recent past is the August 2014 death of a black teenager, Michael Brown, at the hands of a white police officer, Darren Wilson, in Ferguson, Missouri. Attention initially focused ...
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 ...
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 ...