Heather K. Gerken
Federalism as the New Nationalism: An Overview
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…
The Loyal Opposition
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-…
120 Yale L.J. 529 (2010).
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…
Of Sovereigns and Servants
115 Yale L.J. 2633 (2006)