The very substantial literature on the scope of congressional power to strip courts of jurisdiction contains a gap: it does not discuss the source of the affirmative power of Congress to strip state courts of their jurisdiction. Laws granting exclusive federal court jurisdiction over some category of cases are necessary and proper to the exercise […] Continue Reading >
State Public-Law Litigation in an Age of Polarization
State Public-Law Litigation in an Age of Polarization
Public-law litigation by state governments plays an increasingly prominent role in American governance. Although public lawsuits by state governments designed to challenge the validity or shape the content of national policy are not new, such suits have increased in number and salience over the last few decades—especially since the tobacco litigation of the late […] Continue Reading >
The Federal Deregulation of Insurance
Congressional Power to Strip State Courts of Jurisdiction
The efforts to get the federal government out of the business of regulating insurance have been comprehensive but not entire. The project offers two insights about deregulation and how to do it. The first insight is comparative. Given that courts, Congress, and agencies have all tried to undo the federal regulation of insurers, the higher […] Continue Reading >
State Public-Law Litigation in an Age of Polarization