Principles of Home Rule for the 21st Century

Scholarship

CO-AUTHORS Richard Briffault, Nestor M. Davidson, Paul A. Diller, Sarah Fox, Laurie Reynolds, Erin A. Scharff, and Rick Su

PUBLISHER

National League of Cities

DATE

2020

Richard C. Schragger

Richard Briffault et al., Principles of Home Rule for the 21st Century, National League of Cities (2020).

The Limits of Regulation by Insurance
Kenneth S. Abraham
Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and... MORE
We Can Act to Protect Ourselves Against Gun Violence
Sarah Shalf
In the wake of the recent tragic shootings at the University of Virginia, Club Q in Colorado Springs, and a Virginia Walmart, the same questions have... MORE
Is it Kosher for California to Ban Out-of-State Pork?
Ruth Mason
Last month, the U.S. Supreme Court heard oral arguments in a case that could prove pivotal to the future of regulation and interstate commerce in the... MORE

National Pork is a Bibb Case, Not a Pike Case
Ruth Mason
In October 2022, the U.S. Supreme Court heard oral argument in National Pork Producers Council v. Ross, a Ninth Circuit case out of California,... MORE
Costs, Confusion, and Climate Change
Michael A. Livermore
In the United States the primary tool to value greenhouse gas emissions reductions in cost-benefit analysis is the social cost of carbon (SCC), which... MORE
Public Law and Economics
Michael D. Gilbert
This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching... MORE

An America Fit for the Digital Age?
Thomas B. Nachbar
Commentators have made much sport, here and elsewhere, of evaluating recent proposed antitrust reforms for their likely economic effects. As... MORE
Partisan Gerrymandering as a Threat to Multiracial Democracy
Bertrall Ross
In Common Cause v. Rucho, the Supreme Court initiated an era of redistricting without restraint. The Court opened the door to state legislatures to... MORE
The Great American Retirement Fraud
Michael Doran
Over the past twenty-five years, Congress has enacted several major reforms for employer-sponsored retirement plans and individual retirement... MORE

Rationing and Disability: The Civil Rights and Wrongs of State Triage Protocols
Deborah Hellman
The COVID-19 pandemic and the unprecedented natural disasters of 2020 remind us of the importance of emergency preparedness. This Article contributes... MORE
Regulation of Representatives in Agency Adjudicative Proceedings
George M. Cohen
Many federal agencies conduct adjudicative proceedings and permit claimants or parties to those proceedings to be represented by attorney or non-... MORE
Chevron’s Next Chapter: A Fig Leaf for the Nondelegation Doctrine
Alison Gocke
The Supreme Court has recently signaled its interest in developing a new nondelegation test, one that would have courts more aggressively police... MORE

Do Good Citizens Need Good Laws? Economics and the Expressive Function
Andrew Hayashi

Michael D. Gilbert
We explore how adding pro-social preferences to the canonical precaution model of accidents changes either the efficient damages rule or the harm... MORE
Guns and the Tyranny of American Republicanism
Bertrall Ross
On January 6, 2021, men and women, some of them armed, stormed the U.S. Capitol to try to undo a fair and legitimate presidential election.... MORE
Fix Section 230 and hold tech companies to account
Danielle K. Citron
In the internet’s earliest days, all we saw was its promise. The nascent technology was celebrated for its ability to connect strangers and to ease... MORE

A New Compact for Sexual Privacy
Danielle K. Citron
Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies,... MORE
Privatization's Preemptive Effects
Craig Konnoth
Many states offer their citizens protections, benefits, and services that go well beyond those of federal law, ranging from consumer protection,... MORE
Protectionist Property Taxes
Andrew Hayashi

Rich Hynes
National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their... MORE