Selected Publications for Ann Althouse

pdf icon 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.



pdf icon 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.



pdf icon 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).



pdf icon 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.



pdf icon Standing, In Fluffy Slippers

Author: Ann Althouse

Supreme Court standing doctrine, habeas corpus, death penalty, "The Executioner's Song"



pdf icon Variations on a Theory of Normative Federalism: A Supreme Court Dialogue

Author: Ann Althouse

Understanding New York v. United States.



ocx icon Invoking Rashomon

Author: Ann Althouse

Misusing the classic film/story in modern political and legal discourse.



pdf icon 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.



pdf icon 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.



pdf icon Federalism, Untamed

Author: Ann Althouse

What if the Supreme Court actually took federalism seriously.



pdf icon Beyond King Solomon’s Harlots: Women in Evidence

Author: Ann Althouse

Using the "splitting the baby" story to teach evidence.



URL iconWhy 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.



pdf icon The Authoritative Lawsaying Power of the State Supreme Court and the United States Supreme Court: Conflicts in Judicial Orthodoxy in the Bush-Gore Litigation

Author: Ann Althouse

Explaining the notorious Supreme Court case.



pdf icon Enforcing Federalism After United States v. Lopez,

Author: Ann Althouse

Analyzing Commerce Clause doctrine after the 1995 case.



pdf icon 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.



pdf icon Who's to Blame for Law Reviews?

Author: Ann Althouse

Blaming law professors, not student editors, for what's wrong with law reviews.



pdf icon On Dignity and Deference: The Supreme Court’s New Federalism,

Author: Ann Althosue

Sovereign immunity doctrine



pdf icon The Misguided Search for State Interest in Abstention Cases: Observations on the Occasion of Pennzoil v. Texaco

Author: Ann Althouse

Younger abstention doctrine understood in terms of federal interests.



pdf icon Late Night Confessions in the Hart and Wechsler Hotel (The Future of Federal Courts Scholarship)

Author: Ann Althouse

A critique of federal courts scholarship.



pdf icon The Humble and the Treasonous: Judge-Made Jurisdiction Law

Author: Ann Althouse

From a symposium on the so-called "New Separation of Powers Analysis."



pdf icon 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



pdf icon 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.



pdf icon The Alden Trilogy

Author: Ann Althouse

An examination of the Supreme Court's sovereign immunity cases decided in 1999.



pdf icon "I Am in Love With Blogging"

Author: Ann Althouse

This is a short piece about law blogging written for The Legal Times.



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