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Constitutional Isolationism and the Limits of State Separation of Powers as a Barrier to Interstate Compacts
(Marquette Law Review, 2007)
In this Essay, I address the question of which branch of state government ought to have the authority to negotiate interstate compacts - a question of state separation of powers. Recent case law interpreting state constitutions ...
Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction
(Iowa Law Review, 2007)
Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other--especially as traditional governmental functions are privatized and as economic regulation ...