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.
75, 117-126 (2001); Allan Erbsen, Horizontal Federalism
, 93 MINN.
If the species of federalism are perpetually in flux, what does that imply about the practicality of embedding horizontal federalism
in written constitutions?
EXISTING EMPIRICAL STUDIES EXPLAINING THE EXPANSION OF RIGHTS AND HORIZONTAL FEDERALISM
17) Although it is established from the state supreme courts' own opinions in these cases that they often seek guidance using other state courts' decisions, these explanatory studies have not yet addressed the role horizontal federalism plays in state constitutional interpretation.
In Part I, horizontal federalism is examined to show how it has emerged under the "new judicial federalism.
The term horizontal federalism is credited to a work written by Mary Cornelia Porter and George Alan Tarr in 1982.