Heather K. Gerken

Tributes to Justice Souter

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former boss's humility, wit, and legacy.

Federalism as the New Nationalism: An Overview

The Loyal Opposition

Judge Stories

120 Yale L.J. 529 (2010). 

Uncooperative Federalism

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 outside the federal system. A second vision is offered by scholars of cooperative federalism, who argue...

Of Sovereigns and Servants

115 Yale L.J. 2633 (2006)