- Which historical interpretation of Federalism—Dual, Picket-Fence, Marble-Cake, New, or Competitive—do you think is most consistent with the overall political culture of Texas? Why?
a. Herasimchuk, Cathleen C. “New Federalism: Judicial Legislation by the Texas Court of Criminal Appeals.” Texas Law Review 68 (1989):1481.
b. Gardner, James A. “State Courts as Agents of Federalism: Power and Interpretation in State Constitutional Law.” William & Mary Law Review 44 (2002): 1725.
c. Gluck, Abbe R. “Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond.” 2011.
d. McCabe, Neil Colman. “Our Federalism, Not Theirs: Judicial Comparative Federalism in the United States.” South Texas Law Review 40 (1999): 541.
e. Weiser, Philip J. “Federal Common Law, Cooperative Federalism, and the Enforcement of the Telecom Act.” NYU Law Review 76 (2001):1692.
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