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Article
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Preemption and Fiscal Authority
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Erin Scharff
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45 Fordham Urban Law Journal 1270 (2018)
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Open Access | Library Access
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Abstract: This Essay explores the relationship between local fiscal and regulatory authority in light of the changing landscape of regulatory preemption. Part I provides further background on local fiscal authority and the ways in which hyper preemption depends on limited local authority. Part II explores the ways in which limited fiscal authority may contribute to a renewed interest in local regulatory authority, and discusses the reasons these constraints are likely to increase. Part III argues that these increasing fiscal constraints both limit local governments’ ability to adequately address matters of traditional local concern and hinder local governments’ ability to respond to leadership failures at the state and national levels.
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