Duke Law Journal back issues from May 2008:
Administrative law's federalism: preemption, delegation, and agencies at the edge of federal power.(Thirty-Eighth Annual Administrative Law Symposium)
May 01, 2008; ... ABSTRACT This Article critiques the practice of limiting federal agency authority in the name of federalism. Existing limits bind agencies even more tightly than Congress. For instance, although Congress can regulate to the limits of its commerce power with a sufficiently clear ...
Administrative law as the new federalism. (Thirty-Eighth Annual Administrative Law Symposium)
May 01, 2008; ... ABSTRACT Despite the recognized impact that the national administrative state has had on the federal system, the relationship between federalism and administrative law remains strangely inchoate and unanalyzed. Recent Supreme Court case law suggests that the Court is ...
Tennis with the net down: administrative federalism without Congress.
May 01, 2008; ... Constitutional law is a funny subject for academics. As scholars, we aspire to push forward the frontiers of knowledge--to make new discoveries and to think about things in ways that no one has ever thought of before. The metaphor of scientific discovery has always been somewhat awkward in ...
The California greenhouse gas waiver decision and agency interpretation: a response to professors Galle and Seidenfeld. (article by Brian Galle and Mark Seidenfeld in this issue, p. 1933)
May 01, 2008; ... INTRODUCTION Professors Brian Galle and Mark Seidenfeld add some important strands to the debate on agency preemption, particularly in their detailed documentation of the potential advantages agencies may possess in deliberating on preemption compared with Congress and the ...