Articles Tagged federalism

Steven G. Calabresi & Nicholas Terrell, The Number of States and the Economics of American Federalism

63 Fla. L. Rev. 1 (2011)| | | | INTRODUCTION :: In 1789, it was possible to speak of a federation of distinct states joined together for their mutual advantage, but today, it is rather the nation that is divided into subnational units. What caused this shift in focus from the states to the federal […]

Hillel Y. Levin, Resolving Interstate Conflicts Over Same-Sex Non-Marriage

63 Fla. L. Rev. 47 (2011)| | | | ABSTRACT :: States have adopted several different regimes of recognition for same-sex couples. A few states allow same-sex couples to marry; several others offer marriage- like partnerships (usually called civil unions), which provide all or nearly all of the substantive rights and responsibilities associated with marriage; […]

Stephen A. Higginson, Constitutional Advocacy Explains Constitutional Outcomes

60 Fla. L. Rev. 857 (2008) | | | | INTRODUCTION :: In oral argument in Baker v. Carr, Attorney Z.T. Osborn, Jr., on behalf of Tennessee voters arguing that the U.S. Supreme Court should hold legislative apportionment a justiciable issue, exclaimed that “the motto of the Supreme Court of Tennessee is Fiat justicia ruat […]

Honorable William H. Pryor Jr., The Perspective of a Junior Circuit Judge on Judicial Modesty

60 Fla. L. Rev. 1007 (2008) | | | | TEXT :: I appreciate the invitation to deliver the Dunwody Lecture this year, and I am grateful that this occasion has allowed me to visit, for the first time, one of the premier law schools in this Circuit and our nation. The Levin College of […]

Sandra Zellmer, A Tale of Two Imperiled Rivers: Reflections from a Post-Katrina World

59 Fla. L. Rev. 599 (2007) | | | | INTRODUCTION :: Let the river run; let all the dreamers wake the nation. Last year, hundreds of thousands of residents of the lower Mississippi River basin were forced to flee Hurricane Katrina. Having scattered like leaves before the gale-force winds that pounded the Gulf Coast, […]

Cary B. Davis, The Commerce Clause: Border Crossing + Church Burning = Interstate Commerce (A Formula for Federalizing Common Law State Crimes)

57 Fla. L. Rev. 975 (2005) | | | | TEXT :: Respondent, a practicing Luciferian from Indiana, drove his van south to Georgia where he set fire to five churches. One of the arsons resulted in the death of a volunteer firefighter. Respondent pleaded guilty in federal court to five counts of church arson […]