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State Sovereignty and the Two Faces of Federalism (with Ronald D. Lee), 60 Notre Dame Law Review 833 (1985)


The Burger Court continues to remind us that our federal system
is alive and well. The states are not political anachronisms
which merely impede the progressive nationalization of the court
system and the law. State territorial boundaries reflect truly sovereign
borders, not just convenient administrative divisions. Admittedly,
federal law governs more areas of conduct than before, and
federal adjudicative jurisdiction has expanded accordingly. In addition,
the increased mobility of citizens and capital renders state
lines less important as a practical matter. Still, we are told, these
trends do not spell the demise of state sovereignty or the complete
centralization of legal institutions and power.

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