Document Type

Article

Publication Date

7-2010

Publication Title

George Washington Law Review

Publication Title (Abbreviation)

Geo. Wash. L. Rev.

Volume

78

Issue

5

First Page

993

Last Page

1013

Abstract

For advocates of federalism, these are uncertain times. With hope of meaningful judicial federalism having largely receded, and Congress persisting in its penchant for intrusions on state authority, of late several scholars have championed the capacity of executive agencies to enforce and preserve federalism interests. This paper tests this position, providing the first empirically based critical analysis of administrative federalism, focusing on the recently enacted Adam Walsh Act, intended by Congress to redesign states’ sex offender registration and community notification laws. The paper casts significant doubt on the accepted empirical assumptions of administrative federalism, adding to the limited evidence amassed to date on state influence on agency rulemaking, and provides an important cautionary tale for future agency-based criminal justice mandates that will likely come to pass.

Rights

© 2010 Wayne A. Logan

Comments

First published in George Washington Law Review.

Faculty Biography

http://law.fsu.edu/our-faculty/profiles/wlogan

Download

Share

COinS