Dr Ilaria Di Gioia

• American government
• American Public Law
• Comparative Constitutional Law
• Federalism
• Local government

PhD in Constitutional Law, 2018, School of Law, Birmingham City University.

Research dissertation: “Is liberty dividing America? A study of the ideological and legal opposition to the Affordable Care Act.”

The research investigated the ideological and political reasons of the states’ aversion to the enactment of Affordable Care Act and provided a taxonomy of the state resistance statutes in the bigger picture of opposition to the intervention of the federal government in social policies.

Master’s degree, 2011, Magna Cum Laude in Political Sciences at the Faculty of Politics of Sapienza, University of Rome, Italy

Bachelor degree, 2009, Magna Cum Laude in Political Sciences at the Faculty of Politics of Sapienza, University of Rome, Italy.

• Philip Davies Fellow of the Eccles Centre for American Studies
• Affiliation to the Center for Constitutional Design at Sandra Day O'Connor College of Law at Arizona State University (ASU).Member of the American Politics Group of the Political Studies Association (PSA).
• Member of the American Politics Group Neustadt Book Prize
• Member of Federalism & Intergovernmental Relations of the American Political Science Association (APSA).

• GDL Constitutional and Administrative Law
• LLB Federalism and the US Constitution
• LLB US Dissertation

Dr Di Gioia is interested in intrastate pre-emption and the effects of political polarization on the relationship between local government and the states. She recently wrote on the opt-out provisions for marijuana legalization for the Fordham Urban Law Review. She has published widely in the field of American Constitutional Law and federalism. She is presently a co-supervisor of four doctoral students who are all investigating aspects of constitutional law across the US and the Americas.

PHD Students:

• Matthew Davies: Leveraging intrastate pre-emption: ALEC and the NRA’s efforts to restrict local firearm regulation
• Sabah Athar: The constitutional implications of President Trump’s immigration policies: a phenomenological study
• Frida Hernandez Pena: The role of the Inter-American Court of Human Rights on regional environmental rights protection
• Valentina Dotto: Environmental Legalism

A. Journal Articles

• Intrastate conflicts and lessons learnt from the marijuana legalization, 49 Fordham Urb. L.J. 617 (2022)
• A Tale of Transformation: The Non-Delegation Doctrine and Judicial Deference, 51 University of Baltimore Law Review 155 (2022)
• From liberal states’ rights litigation to liberal states’ rights discourse: A study of state oppositional strategies to the ACA and Federal Immigration Laws, 96 University of Detroit Mercy Law Review 101 (2018)
• Co-authored with Anne Richardson Oakes “Uncooperative federalism or dinosaur constitutionalism: the Affordable Care Act and the Language of states rights”, 1 Nomos, le attualita’ nel diritto 1 (2017)
• The sustainability of the ACA: Legal challenge and legislative opposition, 12 The International Journal of Social Sustainability in Economic, Social and Cultural Context 1 (2016)
• When Liberty Subverts Federalism: Is Nullification of Federal Law Legitimate?,  4 Edinburgh Student Law Review, 155 (2015)

B. Conference proceedings/Abstracts

• Co-authored with Anne Richardson Oakesand Vanice Valle, The Intersection of Federal, State and Local Government Responsibilities to Protect Public Health During the Pandemic in the United States and Brazil, 24 Revista Juris Poiesis 274 (2021)
• Administrative deference and its link with the non-delegation doctrine in the law of the United States, 23 Revista Juris Poiesis 633 (2020)
• Administrative deference in the United States: Kisor and the Consolidation of Auer Jurisprudence, 22 Revista Juris Poiesis 311 (2019)

C. Edited collections

• Special Issue of American Politics, History and Law: A Cross-Disciplinary Dialogue, British Journal of American Legal Studies, Volume 8 Issue 3 (Fall 2019). ISSN 2049-4092 (Print)

D. Book reviews

• Conservative Innovators: How States Are Challenging Federal Power, by Ben Merriman, Publius: The Journal of Federalism, Volume 50, Issue 2, Spring 2020, Page 4

Trump’s Road to Supreme Court Is Neither Fast Nor Certain, Bloomberg https://www.bloomberg.com/news/articles/2020-11-04/trump-s-road-to-the-supreme-court-won-t-be-as-quick-as-he-wants (4^th Nov., 2020)

Advisor for BBC2 to comment on 2017 HB 1441 in Oklahoma, a bill that attempted to prohibit the performance of an abortion without the written informed consent of the father (19th Jun, 2017)

EU laws: What will change in Britain once we leave the EU? The Daily Express

https://www.express.co.uk/news/politics/709857/EU-laws-Brexit-What-will-change-Britain-leave-EU-migration-trade-farmers (12th Oct, 2016)

Twitter: @ilariadigioia03