Federal Courts from Warren to Rehnquist and Beyond: Federalism as Theory, Doctrine, Practice, and Instrument
This issue features articles reflecting on federalism under the Warren and Rehnquist Courts, written by prominent legal scholars, including Edward A. Purcell, Jr., (New York Law School), Lynn Baker (Texas), Erwin Chemerinsky (Duke), Jesse Choper (Berkeley), and Mary Anne Case (Chicago). These articles were presented as papers at the 2005 conference of the AALS’s Federal Courts section, of which New York Law School’s Professor Edward A. Purcell, Jr., is the chair.
- Introduction: A Tale of (at Least) Two Federalisms, Denise C. Morgan
- Evolving Understandings of American Federalism: Some Shifting Parameters, Edward A. Purcell, Jr.
- The Future of Federalism? Pierce County v. Guillen as a Case Study, Lynn A. Baker
- Effective Alternatives to Causes of Action Barred by the Eleventh Amendment, Jesse H. Choper & John C. Yoo
- Reconceptualizing Federalism, Erwin Chemerinsky
- Liability for Torts in Violation of International Law: No Hook Under Sosa for Secondary, Complicit Actors, Helena Lynch
- The Marriage Protection Act: A Lesson in Congressional Over-Reaching, Sarah Kroll-Rosenbaum
III. Case Comment
- Maheshwari v. City of New York, Scott Glotzer