Article
Does the Logic of Collective Action Explain Federalism Doctrine?
by Aziz Z. Huq
Recent federalism scholarship has taken a “collective action” turn. Commentators endorse or criticize the Court’s doctrinal tools for allocating regulatory authority between the states and the federal government by invoking an economic model of collective action. The ensuing corpus of “collective action arguments” has been invoked by both pro-federal and pro-state scholars to underwrite either…