This article presents an empirical analysis of the Rehnquist Court's and the Roberts Court's decisions on the federal (statutory) preemption of state law. In addition to raw outcomes for or against preemption, we examine cases by subject-matter, level of judicial consensus, tort versus...

Congressional control of state taxation : evidence and lessons for federalism theory / Brian Gale -- Harmonisation of private law in Europe / Michael Faure -- Lessons in fiscal federalism from American Indian nations / Terry L. Anderson and Dominic P. Parker -- Do profits promote pollution? The...

It has been argued that, under certain conditions, judges are motivated to engage in strategic defection against their appointer once they perceive the latter to be losing effective power. This behaviour should generate a clustering of decisions unfavourable to the incumbent administration at...

This article argues that judges suppress dissent when it is costly to do so, and that the cost of dissent depends on the political dimension of the issue broached. It contends that judges who disagree may nevertheless try to safeguard integrity and legitimacy in political disputes by presenting...

The austerity policies pursued in several countries during the Eurozone crisis began to call attention to the role played by courts as relevant actors in the context of budgetary and financial policies. The case of the Portuguese Constitutional Court has often been singled out in national and...