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Volume 70, Issue 6


What Is Federalism in Healthcare For?

by  Abbe R. Gluck & Nicole Huberfeld

The Affordable Care Act (ACA) offers a window into modern American federalism—and modern American nationalism—in action. The ACA’s federalism is defined not by separation between state and federal, but rather by a national structure that invites state-led implementation. As it turns out, that structure was only a starting point for a remarkably dynamic and adaptive…


The States’ Interest in Federal Procedure

by  Diego A. Zambrano

Recent changes to federal procedure have alarmed state governments. In a series of cases decided in the past ten years, the U.S. Supreme Court has restructured basic procedural doctrines on personal jurisdiction, class actions, and pleading, among others. To signal their concern, dozens of state attorneys general have written amicus briefs in twelve out of…


Reviving Federal Regions

by  Yishai Blank & Issi Rosen-Zvi

More than one hundred executive departments and agencies operate through systems of regional offices strategically located around the country. Currently, these regions are misguidedly viewed as mere enforcers and implementers of central policies. We propose two alternative visions of federal regions—regions as mediators and regions as coordinators. These two visions have deep roots in the…


The Challenge of the New Preemption

by  Richard Briffault

The past decade has witnessed the emergence and rapid spread of a new and aggressive form of state preemption of local government action across a wide range of subjects, including among others firearms, workplace conditions, sanctuary cities, antidiscrimination laws, and environmental and public health regulation. Particularly striking are punitive measures that do not just preempt…


Preemption and Commandeering Without Congress

by  Jessica Bulman-Pozen

In a time of polarization, states may introduce salutary pluralism into an executive-dominated regime. With partisan divisions sidelining Congress, states are at once principal implementers and principal opponents of presidential policies. As polarization makes states more central to national policymaking, however, it also poses new threats to their ability to act. This Essay cautions against…