Essay

Families and Federalism

Author: Sylvia Law (New York University)

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

How to Cite: Law, S. (2000) “Families and Federalism”, Washington University Journal of Law and Policy. 4(1).