Lael Weinberger

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87.7
Frankfurter, Abstention Doctrine, and the Development of Modern Federalism: A History and Three Futures
Lael Weinberger
Raoul Berger-Mark DeWolfe Howe Legal History Fellow, Harvard Law School.

For helpful conversations and thoughtful feedback that made this Article better, I am grateful to Patrick Barry, William Baude, Lisa Bernstein, Samuel Bray, Zachary Clopton, Michael Collins, Richard Epstein, Patrick Fuster, Daniel Hemel, Zac Henderson, Aziz Huq, Daniel Kelly, Adam Mortara, Michael Solimine, Manuel Valle, Laura Weinrib, Hon. Diane Wood, Ilan Wurman, and participants in workshops and conferences at the University of Chicago, Loyola University Chicago, and the American Association of Law Schools. Thanks also to the editors of The University of Chicago Law Review for their hard work and helpful input.

The Supreme Court did not use the term “federalism” in any opinions in its first 150 years. The Court had (of course) previously talked about federal-state relations, but it did so without the term “federalism”—it preferred a different vocabulary, discussing the police powers of the states and the enumerated powers of the federal government.

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84.3
Making Mistakes about the Law: Police Mistakes of Law between Qualified Immunity and Lenity
Lael Weinberger
BA 2009, Thomas Edison State University; MA 2013, Northern Illinois University; JD Candidate 2018, The University of Chicago Law School; PhD Candidate, Department of History, The University of Chicago

While patrolling one night in 2014, police officer Jeff Packard noticed a car with a hole in one of its red taillights.