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In May 2001, I participated in a symposium sponsored by the Stanford Law Review on the Supreme Court's federalism jurisprudence. (1) During this symposium, former Solicitor General Seth Waxman asked [...]

TABLE Of CONTENTS INTRODUCTION I. THE STRUCTURAL CONSTITUTION A. Federalism and the Separation of Powers B. Nationalization, Globalization, and the Constitution II. REGULATION AND GLOBALIZATION III. GLOBALIZATION AND CONSTITUTIONAL ACCOMMODATION [...]

INTRODUCTION States have considerable flexibility under the U.S. Constitution for imposing the taxes they choose. Generally, states are free to levy taxes without consideration of how other states are affected [...], Federal intervention in state taxation is normatively supportable when state tax policies generate negative externalities or result in excessive compliance burdens. States usually do not have sufficient incentive to cooperate to eliminate these distortions, and state cooperative cartels tend to break down over time. Although the national government can in principle correct for these defects, it similarly lacks the incentive in many instances to adopt efficiency-enhancing corrective measures. One promising approach is efforts such as the International Fuel Tax Agreement or the Streamlined Sales Tax Project, which reinforce (or seek to reinforce) state cooperative initiatives with federal mandates or incentives.

ABSTRACT The Class Action Fairness Act of 2005 (CAFA) expands diversity jurisdiction to allow most significant class actions based on state law to proceed in federal court. Hoping to limit [...]

INTRODUCTION: FROM THE OLD TO THE NEW SYNTHESIS I. THE BASIC SCOPE OF THE COMMERCE CLAUSE II. DUAL SOVEREIGNTY AND THE TENTH AMENDMENT III. STATE SOVEREIGN IMMUNITY A. Background B. [...]

INTRODUCTION I. THE MODELS OF FEDERALISM II. THE REHNQUIST COURT AND FEDERALISM AS LIMITS A. Limiting the Scope of Congress's Powers B. The Expansion of Sovereign Immunity C. Revival of [...]

TABLE OF CONTENTS INTRODUCTION I. THE NAVIGABLE WATERS DOCTRINE AS A CHANNELS-OF-COMMERCE POWER II. CONGRESS'S AUTHORITY TO REGULATE WATER POLLUTION UNDER THE CHANNELS-OF-COMMERCE POWER IS WELL-SETTLED AND BROAD IN SCOPE [...]