The Yale Law Journal

Heather K. Gerken

Essay

Federalism as the New Nationalism: An Overview

Heather K. Gerken

Federalism has had a resurgence of late, with symposia organized,1 stories written,2 and new scholarly paths charted. Now is an appropriate moment to assess where the new “new federalism”3 is heading. This Feature thus brings together five scholars who have made unique contribution…

Essay

The Loyal Opposition

Heather K. Gerken

The term loyal opposition is not often used in American debates because (we think) we lack an institutional structure for allowing minorities to take part in governance. On this view, we’ve found our own way to build loyalty while licensing opposition, but it’s been a rights-…

Tribute

Judge Stories

Heather K. Gerken

120 Yale L.J. 529 (2010). 

Article

Uncooperative Federalism

Jessica Bulman-Pozen & Heather K. Gerken

118 Yale L.J. 1256 (2009). 

This Essay addresses a gap in the federalism literature. Scholars have offered two distinct visions of federal-state relations. The first depicts states as rivals and challengers to the federal government, roles they play by virtue of being autonomous policymakers outsid…

Feature

Of Sovereigns and Servants

Heather K. Gerken

115 Yale L.J. 2633 (2006)