Constitutional Resilience
In: 80 Washington and Lee Law Review __ (November 2023, Forthcoming)
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In: 80 Washington and Lee Law Review __ (November 2023, Forthcoming)
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In: 73 Florida Law Review 685 (2021)
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Working paper
In: 71 Administrative Law Review 491 (2019)
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In: Washington Law Review, Band 91
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In: UC Davis Law Review, Band 48, Heft 3
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In: Ecology Law Quarterly, Forthcoming
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The modern administrative state relies on a model of shared governance. Federal regulatory regimes addressing a range of economic and social issues depend on the participation of state governments for their implementation. Although these state-federal partnerships are often cooperative, conflicts over the allocation of regulatory authority and administrative policy are inevitable. In recent years, states have sought to resolve some of these conflicts in the federal courts. Well-known state challenges to federal authority include challenges to environmental rules, health insurance legislation, and immigration policies. In these cases, courts have struggled to decide whether states have constitutional standing to bring suit against the federal government. This Article fills a gap in the legal scholarship by proposing a "governance" approach to state standing that would allow states to challenge federal authority when the federal statute at issue contemplates an implementation role for state governments. The governance approach finds support both in historical precedent and in modern regulatory reality. The approach makes state-standing doctrine less susceptible to judicial manipulation and ensures that courts focus on other threshold questions often obscured by overly broad, incoherent standing analyses.
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In: Comparative political studies: CPS, Band 38, Heft 6, S. 728-731
ISSN: 1552-3829
In: Comparative political studies: CPS, Band 38, Heft 6, S. 728-731
ISSN: 0010-4140
In: Comparative political studies: CPS, Band 38, Heft 6, S. 728-730
ISSN: 0010-4140
In: Environmental Law Reporter, Band 47, Heft 4
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In: Environmental Law Reporter, Band 51, Heft 2021
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In: ENVIRONMENTAL LAW, DISRUPTED, Keith Hirokawa and Jessica Owley, eds., West Academic, 2021
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In: 43 Environmental Law Reporter 10342-10357
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In: 49 Environmental Law Reporter 10038 (2019)
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