How to Build a Separate Sphere: Federal Courts and State Power
Author: Ann Althouse
Finding the key to understanding federalism in Michigan v. Long and Pennhurst.
The Vigor of Anti-Commandeering Doctrine in Times of Terror
Author: Ann Althouse
The doctrine of Printz and New York v. United States has potential to preserve and support individual rights against intrusions by the federal government.
Why Not Heighten the Scrutiny of Congressional Power When the States Undertake Policy Experiments?
Author: Ann Althouse
What's wrong with Justice O'Connor's dissent in Raich (the medical marijuana/Commerce Clause case).
Electoral College Reform: Déjà Vu
Author: Ann Althouse
After the 2000 election, I look back at 3 books that considered Electoral College reform after the 1960 election: review of Alexander M. Bickel, Reform and Continuity; The Electoral College, The Convention, and the Party System; Judith Best, The Case Against Direct Election of the President: a Defense of the Electoral College, and Lawrence D. Longley and Alan G. Braun, The Politics of Electoral College Reform.
Author: Ann Althouse
Supreme Court standing doctrine, habeas corpus, death penalty, "The Executioner's Song"
Variations on a Theory of Normative Federalism: A Supreme Court Dialogue
Author: Ann Althouse
Understanding New York v. United States.
Author: Ann Althouse
Misusing the classic film/story in modern political and legal discourse.
Time for the Federal Courts to Revive the Guarantee Clause? A Response to Professor Chemerinsky
Author: Ann Althouse
This 1994 article anticipates what the Supreme Court would do in Romer v. Evans.
Inside the Federalism Cases: Concern About the Federal Courts
Author: Ann Althouse
I theorize that the federal courts are serving their own interests as they structure doctrine that seemingly defers to state interests.
Author: Ann Althouse
What if the Supreme Court actually took federalism seriously.
Beyond King Solomon’s Harlots: Women in Evidence
Author: Ann Althouse
Using the "splitting the baby" story to teach evidence.
Why a Narrowly Defined Legal Scholarship Blog is Not What I Want: An Argument in Pseudo-Blog Form
This essay, written for the symposium Bloggership: How Blogs Are Transforming Legal Scholarship, adopts the format of a blog and argues in favor of preserving the playful, spontaneous qualities of blogging.
Author: Ann Althouse
Explaining the notorious Supreme Court case.
Enforcing Federalism After United States v. Lopez,
Author: Ann Althouse
Analyzing Commerce Clause doctrine after the 1995 case.
Reconstructing Atticus Finch? A Response to Professor Lubet
Author: Ann Althouse
After Prof. Lubet attacked the fictional character Atticus Finch for vigorously cross-examining the fictional woman who claimed she was raped, I defended the old paragon of lawyers.
Who's to Blame for Law Reviews?
Author: Ann Althouse
Blaming law professors, not student editors, for what's wrong with law reviews.
On Dignity and Deference: The Supreme Court’s New Federalism,
Author: Ann Althosue
Sovereign immunity doctrine
Author: Ann Althouse
Younger abstention doctrine understood in terms of federal interests.
Late Night Confessions in the Hart and Wechsler Hotel (The Future of Federal Courts Scholarship)
Author: Ann Althouse
A critique of federal courts scholarship.
The Humble and the Treasonous: Judge-Made Jurisdiction Law
Author: Ann Althouse
From a symposium on the so-called "New Separation of Powers Analysis."
Federal Jurisdiction and the Enforcement of Federal Rights: Can Congress Bring Back the Warren Era?
Author: Ann Althouse
A review of Larry Yackle's Reinventing the Federal Courts
Saying What Rights Are: In and Out of Context
Author: Ann Althouse
Understanding federal jurisdictional doctrine in terms of articulating the meaning of constitutional rights.
Author: Ann Althouse
An examination of the Supreme Court's sovereign immunity cases decided in 1999.
Author: Ann Althouse
This is a short piece about law blogging written for The Legal Times.