The relative scope of federal and state power under the U.S. Constitution has been a major bone of contention for over 200 years. Courts have sometimes enforced substantial limits on federal authority by striking down federal laws deemed to be outside the scope of Congress’ enumerated powers...

Professor Heather Gerken has made important contributions to our understanding of democracy and federalism. Part I of this article summarizes two of her most significant ideas. The first is “taking federalism all the way down,” the theory that many of the benefits of federalism can be...

This article provides a theoretical view on European Public Sector Accounting Standards (EPSAS), focusing on overarching accounting principles and models, as well as their consequences on the working and the very existence of public service activity. Our analysis applies to illustrative cases...

Ever since the Supreme Court's landmark decision in United States v. Lopez invalidating the Gun-Free School Zones Act as beyond the scope of Congress's Commerce Clause power, scholarly commentators from both sides of the ideological spectrum have wondered whether the Court would apply the...

There is broad, though not universal, agreement that widespread voter ignorance and irrational evaluation of evidence are serious threats to democracy. But there is deep disagreement over strategies for mitigating the danger. 'Top-down' approaches, such as epistocracy and lodging more authority...

There is great fragility in the maintenance of civil discourse. History tells us that it can, and will, fracture, counseling vigilance in its defense. And, that commitment requires revisiting from time to time valuable insights from great minds of the past who have pondered why civil discourse...

The most important aspect of American federalism embodied in the Constitution is the constitutional facilitation of a national free trade zone known as the United States wherein each independent unit is disabled from erecting barriers to trade under what is popularly termed the Interstate...

The Sherman Act establishes free competition as the rule governing interstate trade. Banning private restraints cannot ensure that competitive markets allocate the nation’s resources. State laws can pose identical threats to free markets, posing an obstacle to achieving Congress’s goal to...

The state action doctrine was born in an era of exceptional confidence in government, with governmental entities widely regarded as unbiased and conscientious defenders of the public interest. Over time, however, more cautious and skeptical theories of government began to gain sway. In...

Although a successor to the 1997 Kyoto Protocol has not materialised yet, the 2009 Copenhagen meeting underlined the importance of China in international debates on climate and energy. This is not only based on China’s current climate emissions, but also on its expected energy use and economic...