Jessica Bulman-Pozen
Essay
From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism
Announcing the death of dual federalism, Edward Corwin asked whether the states could be “saved as the vital cells that they have been heretofore of democratic sentiment, impulse, and action.” The federalism literature has largely answered in the affirmative. Unwilling to aband…
Article
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 outsid…
Note
Grutter at Work: A Title VII Critique of Constitutional Affirmative Action
115 Yale L.J. 1408 (2006)
This Note argues that Title VII doctrine both illuminates internal contradictions of Grutter v. Bollinger and provides a framework for reading the opinion. Grutter's diversity rationale is a broad endorsement of integration that hinges on the quantitative concept of critical…