Federal Courts and the Law of Federal-State Relations

Date

1998

Citation

John C. Jeffries Jr. & Peter W. Low, Federal Courts and the Law of Federal-State Relations, Foundation Press (4 ed. 1998).

More in This Category

Should Gradualism Have Prevailed in Dobbs?

Richard M. Re

Gradualism should have won out in Dobbs v. Jackson Women’s Health , exerting gravitational influence on the majority and dissenters alike. In general...

Intimate Privacy in a Post-Roe World

Danielle K. Citron

Now that the Supreme Court has revoked the constitutional right to reproductive autonomy, we must reckon with the risks that our surveillance economy...

Cities, Not States

Richard C. Schragger

Cities have been largely absent from the theory and legal doctrine of federalism, especially in the United States, where federalism is understood to...

An Expert-Sourced Measure of Judicial Ideology

Kevin Cope

We introduce the first ideology measure covering every non-Supreme-Court Article III judge on a single scale. The dataset comprises dynamic, interval...

Public-Law Litigation at a Crossroads: Article III Standing and 'Tester' Plaintiffs

Rachel Bayefsky

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

From Bad to Worse: Cyberstalking, Threats, and Free Speech

Danielle K. Citron

Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...

A big win for climate activists in Montana offers lessons for Virginians

A. E. Dick Howard

On Aug. 14, a Montana district court released a groundbreaking decision for climate change activists. In Held v. Montana , the court announced that...

How to Legitimate the Prosecution of Politicians

Saikrishna Prakash

Ian Ayres

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

The One Remaining Identity the Supreme Court Is Willing to Protect

Craig Konnoth

There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.

Do Land Use Plans Affirmatively Further Fair Housing?

Moira O'Neill

Paavo Monkkonen

Michael Lens

...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

Religious Freedom and Abortion

Micah J. Schwartzman

Richard C. Schragger

The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v...

For Now, Court Is Cool with California in Charge

Ruth Mason

Michael S. Knoll

Law students frequently find the U.S. Supreme Court’s Dormant Commerce Clause doctrine confusing. That is no surprise given the sharp disagreement...

Do Federal or State Prosecutors Get To Go First in Trying Trump? A Law Professor Untangles The Conflict

Darryl K. Brown

A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...

The Supreme Court Just Dealt a Major Blow to Corporate Mandates

James Nelson

Micah J. Schwartzman

Elizabeth Sepper

On Thursday, the Supreme Court subtly transformed the rights of religious workers in America. Under the guise of “clarifying” a nearly 50-year-old...

Military Academies Can Still Consider Race in Admissions, But the Rest of the Nation’s Colleges and Universities Cannot, Court Rules

Kimberly J. Robinson

Vinay Harpalani

Kristine Bowman

In a 6-3 ruling on Thursday, June 29, 2023, the U.S. Supreme Court struck down the use of race in college admissions at Harvard and the University of...

Opinion: The Supreme Court is making religion an all-purpose excuse for ignoring the law

Looking for a federal law to be declared unconstitutional? Religion may well be your best bet -- and that's true regardless of how "real" your...

Separation-of-Powers Avoidance

Payvand Ahdout

When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a...

An obscure 1800s law is shaping up to be the center of the next abortion battle – legal scholars explain what’s behind the Victorian-era Comstock Act

Sonia Suter

Naomi R. Cahn

Anti-abortion groups are looking for new ways to wage their battle against abortion rights, eyeing the potential implications of a 150-year-old law...