Families and Federalism

Abstract

This Essay asks: When, as a matter of common sense, experience, and public policy, should family law issues be resolved as a matter of federal, rather than state law? Many political actors confront this question today. Advocates ask Congress to decide whether a federal response to a family law question is desirable, and the Supreme Court, in interpreting the act of Congress, must choose between deference to state discretion and affirmation of federal authority.

Keywords

Family law, Federalism, Constitutional law

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Authors

Sylvia Law (New York University)

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