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Ratifying Kyoto at the Local Level: Sovereigntism, Federalism, and Translocal Organizations of Government Actors (TOGAs)

79 Pages Posted: 24 Oct 2008 Last revised: 26 Aug 2009

Judith Resnik

Yale University - Law School

Joshua Civin

Hogan Lovells

Joseph B. Frueh

affiliation not provided to SSRN

Abstract

This Article addresses the problem of how to conceptualize the federalism grid, often depicted on two dimensions, horizontal and vertical. Our interest is in the growth and significance of translocal organizations of government actors (TOGAs) - such as the U.S. Conference of Mayors and the National Governors Association - and their role in the importation and exportation of law across national boundaries, and specifically, their activism regarding climate change. In addition to examining how TOGAs shape law and policy in ways that criss-cross a two-dimensional grid and undercut claims of the exclusivity of certain issues as either "national" or "local," we consider the legitimacy, from federalist perspectives, of the particular form of aggregate political capital created by TOGAs. Our assessment is that TOGAs forward some, but not all, federalist virtues. We also explore the ways in which law has and can respond to TOGAs. Because we see TOGAs as generative, we argue that special forms of legal status should be accorded to these configurations.

Suggested Citation

Resnik, Judith and Civin, Joshua and Frueh, Joseph B., Ratifying Kyoto at the Local Level: Sovereigntism, Federalism, and Translocal Organizations of Government Actors (TOGAs). Arizona Law Review, Vol. 50, p. 709, 2008; Yale Law School, Public Law Working No. 174; Yale Law & Economics Research No. 372. Available at SSRN: https://ssrn.com/abstract=1285475

Judith Resnik (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-1447 (Phone)
203-432-1719 (Fax)

Joshua Civin

Hogan Lovells ( email )

555 13th Street, NW
Washington, DC 20004
United States

Joseph Frueh

affiliation not provided to SSRN

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