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Published: 12 January 2012

432 Pages


ISBN: 9780199737987

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Federalism and the Tug of War Within

Professor Erin Ryan

  • Explains vacillations in the Supreme Court's modern federalism jurisprudence in terms of the underlying "tug of war" between competing federalist values
  • Decodes the Supreme Court's federalism jurisprudence as the choice between alternative models of federalism with different tradeoffs but the same constitutional directives
  • Applies theoretical analysis to concrete examples of inter-jurisdictional regulatory crises, such as Hurricane Katrina and efforts to curtail storm water pollution under the Clean Water Act
  • Proposes a "Balanced Federalism" model that reconciles the alternative models of federalism and enables more effective governance in inter-jurisdictional contexts

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