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Personal Jurisdiction, National Sovereignty, and “Our Federalism”

Ray Worthy Campbell examines how an increasing emphasis on state sovereignty limits national sovereignty. Campbell contends that this is problematical because the United States carries out “much of its national regulation through litigation, and through litigation in state courts, and through litigation based on state causes of action.” He emphasizes that states are members of a shared sovereignty in which state actions implicate national sovereignty as much as actions by the federal branch of government. Campbell also suggests that this issue is magnified by “the incoherency of the Court’s ‘our federalism’ state sovereignty analysis.” Read more here.