I thank Prof. Kurt Lash for engaging my work with Robert Cooter on collective action federalism. And I am grateful to Prof. Eugene Volokh for giving me the opportunity this week to blog about the theory and to respond to some of Prof. Lash’s criticism. It speaks volumes about Prof. Volokh that he provides a platform for multiple points […]
Author Archive | Neil Siegel, guest-blogging
Prof. Lash’s Originalist Claims
I learned from Kurt Lash’s new article, which makes novel and creative claims about historical materials that are important to a variety of theories of constitutional interpretation. In this post, I will first question some of his originalist conclusions. More importantly, I will then explain why he offers little reason to reject the structural, nonoriginalist […]
What Collective Action Federalism Is and Is Not
By Neil Siegel, guest-blogging on August 9, 2011 9:54 am in Collective Action Problems, Commerce Clause, Federalism
I congratulate Ilya Somin on the arrival of Willow. My daughters stand ready to babysit your beautiful pooch. In this post, I will clarify the theory of collective action federalism by offering four points about what the theory is and is not. First, collective action federalism is not a comprehensive structural account of American constitutional […]
The Theory of Collective Action Federalism
By Neil Siegel, guest-blogging on August 8, 2011 9:58 am in Collective Action Problems, Commerce Clause, Federalism
I thank Eugene Volokh for inviting me to blog about my work in this highly regarded venue. Today, I will present the theory of collective action federalism, which I have developed with Robert Cooter of Berkeley Law in a recent article. Tomorrow, I will clarify what the theory is and is not. Later in the […]