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The federal government has a large and growing presence in state and local policy activities. This rising intervention has been facilitated by “grants-in-aid,” which are programs that combine federal subsidies with topdown regulations to micromanage state and local affairs. A new analysis...
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There is growing interest in states regulating pharmaceuticals in ways that challenge the U.S. Food and Drug Administration's (FDA) federal oversight. For example, in 2013 Maine enacted a law to permit the importation of unapproved drugs, reflecting concerns that federal requirements are too...
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This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of … federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while … on state citizenship. This Article moves beyond the piecemeal approach by identifying facets of horizontal federalism …
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to create a structure for a pandemic federalism that temporarily but responsively allows for a reconfiguration of public … addressing public health—has contributed to the nation’s unnecessarily excessive losses. Federalism has complicated governance … delivered conflicting messages to Americans about the importance of mask-wearing and vaccination. Federalism also enabled …
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