Bypassing Federalism and the Administrative Law of Negawatts

Author:Sharon B. Jacobs
Position:Associate Professor of Law at the University of Colorado Law School
Pages:885-945
SUMMARY

Presidential unilateralism has become a defining feature of the executive branch. But a related and equally important phenomenon has been largely ignored: federal agency efforts to circumvent statutory federalism boundaries. This move, which the Article calls "bypassing federalism," involves using existing jurisdictional authority to work de facto, rather than de jure, reallocations of power. The ... (see full summary)


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