The Adam Walsh Act and the Failed Promise of Administrative Federalism
Wayne A. Logan
Florida State University - College of Law
July 1, 2010
George Washington Law Review, Vol. 78, No. 5, p. 993, July 2010
FSU College of Law, Public Law Research Paper No. 421
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.
Number of Pages in PDF File: 21
Keywords: Federalism, Administrative Law, Sex Offender, Megan's Law, Adam Walsh
JEL Classification: H10, K14, K23Accepted Paper Series
Date posted: January 13, 2010 ; Last revised: September 1, 2010
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