Federalism

Federalism and Environmental Advocacy

Federalism and Environmental Advocacy

The Supreme Court appears inconsistently enthusiastic about federal regulation and state-centric environmentalism.

Regulatory Uncertainty Over Emergency Powers in Switzerland

Regulatory Uncertainty Over Emergency Powers in Switzerland

Democratic process and federalism concerns raise questions about the Swiss government’s COVID-19 policies.

Mexico’s Untimely Fight Against Coronavirus

Mexico’s Untimely Fight Against Coronavirus

Mexico’s citizens and economy suffer because the President failed to invoke the only constitutional tool to fight COVID-19.

Regulating Sports Betting After Murphy v. NCAA

Regulating Sports Betting After Murphy v. NCAA

After a 2018 Supreme Court case, the laboratories of democracy are busy experimenting with sports betting.

Are Regulatory Agreements to Address Climate Change Anticompetitive?

Are Regulatory Agreements to Address Climate Change Anticompetitive?

A federal antitrust investigation of automakers cooperating with California probably has no basis in law.

Regulating Safety After Merck v. Albrecht

Regulating Safety After Merck v. Albrecht

In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.

Can Red and Purple States Go Green?

Can Red and Purple States Go Green?

Scholars argue that state policymaking cannot effectively counteract federal environmental deregulation.

Ratcheting Up Workplace Protections

Ratcheting Up Workplace Protections

State legislatures and agencies have an important role to play in improving workplaces for workers.

Single-Use Plastics Need Comprehensive Federal Legislation

Single-Use Plastics Need Comprehensive Federal Legislation

Despite state and local action, more effective reduction of single-use plastics must come from Congress.

Strengthening Eco-Labeling Regulation

Strengthening Eco-Labeling Regulation

Scholar argues that many companies use unsubstantiated environmental claims to mislead consumers.

Lessons from State Implementation of Marijuana Legalization

Lessons from State Implementation of Marijuana Legalization

States should learn from each other to confront the challenges of regulating marijuana.

The Medical Marijuana Delusion

The Medical Marijuana Delusion

Regulation of marijuana has been based on a false distinction for almost a century.