the horizontal federalism challenges occasioned by legalization and
In horizontal federalism, the story of conflict is a tragedy in
None establishes rules precisely like, say, the classic comity-based requirement of judgment recognition that we find in the law of international relations and in the law of horizontal federalism.
Thus, it features prominently in the law of international relations, and it is a staple of the law of horizontal federalism, but it has no place in accounts of the relationship between the federal government and the states, since that relationship is characterized by hierarchy.
The current state of the law and literature makes clear why no one has thought to develop a safeguards account of horizontal federalism to match the one that dominates debates over vertical federalism.
6) But a handful of scholars have started to develop a transsubstantive account of horizontal federalism to match the one we routinely deploy for vertical federalism.
Gerken & Ari Holtzblatt, The Political Safeguards of Horizontal Federalism
, 112 MICH.
Is there any possibility that horizontal federalism
itself functions to safeguard vertical federalism?
31) Indeed, it is this horizontal federalism
that may be
If we are correct that spillovers generate democratic benefits as well as costs, then we ought to think of horizontal federalism
much as we do vertical federalism.
Part I of this article briefly addresses how existing empirical studies of decision-making under the new judicial federalism have failed to incorporate the influence of horizontal federalism
, and how a citation pattern study can provide some preliminary evidence of inter-court communication to be considered in future investigations.
In summarizing the importance of horizontal federalism
to the development of state constitutional law, Justice Stewart Pollock of New Jersey speculated that it "may be the hallmark of the rest of the century.