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The Taft Lecture: Living Under Someone Else's Law
Gerken, Heather
Gerken, Heather
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Abstract
When the national government passes a law and state officials think the feds have overstepped their bounds, everyone knows the script. We all know it's a federalism problem, we all know the doctrinal tools the states will deploy, and most of us are either rooting for Team State or suiting up with the National[ists]. Most of us can even tell you why it's a good thing that the states and federal government engage in turf wars no matter which side we're on, and some of us even have a theory about whether and when courts should referee these fights.