• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Slipping the Bonds of Federalism

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    128HarvLRev85.pdf
    Size:
    2.317Mb
    Format:
    PDF
    Download
    Author
    Gerken, Heather
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/4420
    Abstract
    There are three tales told about federalism, but only one of them is true. The first is the nationalist's tale. It depicts federalism doctrine as Shakespearean comedy. Always fanciful, sometimes silly, the story supplies moments of consternation and doubt. But the villain turns out to be mostly harmless and easily outwitted. All's well that ends well. The second is the tale told by those who believe in state sovereignty - an epic story of heroes depicting battles against impossible odds and often ending, as did Beowulf, with death and loss. The third story, and the true one, is a tragedy - or at least a tale of tragic choices. It is a story of the failure of craft, of law's best principles bumping up against doctrine's worst frailties, of the conflicting obligations we place on judges. That is the real story of "Our Federalism." While the "curious case" of Bond v. United States (Bond) ended up being one of the less important chapters of this Term, it folds easily into each of these storylines. That's because it is a stand-in for much of what's wrong with federalism doctrine, and it should be a signal to us all that, no matter which tale we prefer, it's time for a new narrative. The question isn't how Bond's two opinions will shape future federalism doctrine. The question is whether we can slip federalism's many Bonds and start anew.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.