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    Federalism 3.0

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    105_Calif._L._Rev._1695__2017_.pdf
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    Author
    Gerken, Heather
    
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    URI
    http://hdl.handle.net/20.500.13051/4703
    Abstract
    This Essay lays out a research agenda for federalism in the twenty-first century. I recognize the hubris in this, so let me hasten to add that what follows is a synthesis of hundreds of pages of law review articles. I will give a bird's eye view of the terrain I've already mapped and then describe the path we should take from here. What I write is very much in the spirit of Justice William Brennan, whose legacy is honored by these lectures. Like me, Justice Brennan was a nationalist who believed that states could play a central role in our democracy, a "double source" of protection. "Federalism," he wrote, "need not be a mean-spirited doctrine that serves only to limit the scope of human liberty."
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