SPECIAL ISSUE
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Osofsky Hari M.
    Diagonal Federalism and Climate Change: Implications for the Obama Administration
    in Alabama Law Review , Volume 62, Number 2 ,  2011 ,  237-302
    The Obama Administrationís efforts on climate change continue to face daunting challenges domestically and internationally. This Article makes a novel contribution by exploring how the Obama Administration can meet these challenges more effectively through systematically addressing the multiscalar character of climate change in the areas where it has greater regulatory control. Mitigating and adapting to climate change pose complex choices at individual, community, local, state, national, and international levels. The Article argues that these choices lead to many diagonal regulatory interactions: that is, dynamics among a wide range of public and private actors which simultaneously cut across levels of government(vertical) and involve multiple actors at each level of government that it includes (horizontal). After assessing the Obama Administrationís progress on climate change and energy issues, this Article develops a theory of diagonal federalism to explore how the Obama Administration might engage in more effective crosscutting regulatory approaches. It proposes a taxonomy for understanding how these diagonal interactions vary across multiple dimensions over time. Specifically, the taxonomy includes four dimensions: (1)scale (large v. small); (2) axis (vertical v. horizontal); (3) hierarchy (topdown v. bottom-up); and (4) cooperativeness (cooperation v. conflict). The Article then applies this taxonomy to the case example of the Obama Administrationís efforts at reducing motor vehicle greenhouse gas emissions to demonstrate how it can be used as a tool in policymaking. The Article argues that existing diagonal efforts to regulate what cars we drive tend to be predominantly large-scale, vertical, and top-down, in line with their direct impact on automobile companies. In contrast, approaches targeting how we drive those cars, which affect those companies less directly and are grounded in land-use planning, are more likely to be small-scale, horizontal, and bottom-up. This divergence creates an opportunity for normative reflection. The Article argues that the Obama Administration should consider whether these skews are appropriate by taking into account the benefits and limitations of such skews in particular contexts. It then proposes ways in which the Administration could create more balance in the dimensions and argues for the value of that balance. Specifically, the Obama Administration could explore additional opportunities for (1) greater smaller-scale governmental involvement in technology oriented financial incentives programs; (2) federal-level, top-down, vertical initiatives connecting federal approaches to highways, railroads, and gas prices with smaller-scale efforts to have people drive less in their communities; and (3) litigation, which often has a rescaling effect, by interested individuals, nongovermental organizations, corporations, and government. Full text available online: http://www.law.ua.edu/lawreview/articles/Volume%2062/Issue%202/OSOFSKY-Diagonal_Federalism.pdf
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