Now in print: Nomos LV: Federalism and Subsidiarity (hardcover or electronic).
Nomos LV: Federalism and Subsidiarity, edited by James E. Fleming and Jacob T. Levy
"In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations."
CONTENTS
Preface
James E. Fleming and Jacob T. Levy
Part I. Federalism, Positive Benefits, and Negative Liberties
1. Defending Dual Federalism: A Self-Defeating Act
Sotirios A. Barber
2. Defending Dual Federalism: A Bad Idea, But Not Self-Defeating
Michael Blake
3. The Puzzling Persistence of Dual Federalism
Ernest A. Young
4. Foot Voting, Federalism, and Political Freedom
Ilya Somin
Part II. Constitutions, Federalism, and Subsidiarity
5. Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law
Steven G. Calabresi and Lucy D. Bickford
6. Subsidiarity, the Judicial Role, and the Warren Court’s Contribution to the Revival of State Government
Vicki C. Jackson
7. Competing Conceptions of Subsidiarity
Andreas Føllesdal
8. Subsidiarity and Robustness: Building the Adaptive Efficiency of Federal Systems
Jenna Bednar
Part III. The Entrenchment of Local and Provincial Autonomy, Integrity, and Participation
9. Cities and Federalism
Daniel Weinstock
10. Cities, Subsidiarity, and Federalism
Loren King
11. The Constitutional Entrenchment of Federalism
Jacob T. Levy
Part IV. Remapping Federalism(s)
12. Federalism(s)’ Forms and Norms: Contesting Rights, De-Essentializing Jurisdictional Divides, and Temporizing Accommodations
Judith Resnik
