Legal Commentary

Obama and Federalism
Today's NYT contained an enlightening article on the Obama administration's view of federalism...

Feeley's and Rubin's Argument by Lexicographical Fiat Against Constitutionally Protecting "Federalism"
Malcolm M. Feeley and Edward Rubin have finally set out their theory of federalism in a book: Federalism: Political Identity and Tragic Compromise (University of Michigan Press 2008) presents their theory that federalism is exclusively a means by which people with different "political identities" preserve their autonomy from the central government...

Tanned, rested, and ready
Yesterday Mike announced his return to blogging at Crime & Federalism, where he will provide ?[d]aily commentary on criminal law, civil rights, and what?s new and outrageous in the law...

Federalism and the Presidential Candidates
Being a federalism nut, I naturally surf the ?08 election blogs and websites looking for signs that anyone cares about basic issues of federalism ? you know, statutory and regulatory preemption, dormant commerce clause, uniformity versus diversity of individual rights, etc...

The Roberts Court, admin law, & federalism
For aficionados of federalism, all of the important battles over state power are now being fought in the arena of administrative law and regulatory preemption...

Justice Thomas' struggle to reconcile textualism & federalism in Wyeth
Last week, the Court struck an unexpected blow for federalism, deciding in Wyeth v...