Those who criticize the federalization of crime claim that the trend is causing a docket crisis in the federal courts. Professor Little challenges these criticisms as "federalization myths." He rebuts the claims of a crisis with an empirical analysis of workload levels in the federal courts and a historical analysis of federalization.
In his Article, Professor Little proposes a rebuttable presumption against the federalization of dual jurisdiction criminal conduct and suggests the principle of "demonstrated state failure" to determine when to override that presumption. He outlines how such a principle might operate and concludes that new federal criminal initiatives may occasionally be necessary to address epidemic episodes of criminal conduct that states cannot control.
Rory K. Little,
Myths and Principles of Federalization,
46 Hastings L.J. 1029
Available at: https://repository.uchastings.edu/hastings_law_journal/vol46/iss4/5