Respecting State Courts: The Inevitability of Judicial Federalism

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Greenwood Press, Jan 1, 1999 - Law - 167 pages

Solimine and Walker provide a comprehensive examination of all the major issues revolving around judicial federalism- the sharing of judicial power between the 50 states and the federal government. They make the case that the existence and operation of this system is healthy for the development of law and the protection of liberty.

This theme is developed through a discussion of the major issues in the literature of judicial federalism: federalism and rights, the parity of the state and federal courts, the civil litigation system, state court interpretations of their own constitutions, and the relationship of ideology to judicial federalism. Recognizing that there are and always have been serious shortcomings in this system, the author points out that these problem areas can be remedied; the start of this remedial process necessitates a respect for the judicial institutions of the state. Solimine and Walker envision the beginning of a dialogue among practitioners, academics, and concerned citizens on how best to improve the current system in order to halt the threats to diversity posed by increasing federal domination of the judicial system.

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Contents

The OnceandFuture Federalism
1
Rights and Judicial Federalism
13
Beyond Paradigms State Court Adjudication of Federal Rights
29
Copyright

7 other sections not shown

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About the author (1999)

MICHAEL E. SOLIMINE is Donald P. Klekamp Professor of Law, University of Cincinnati College of Law./e Professor Solimine clerked for a U.S. District Judge and was a litigation associate in a law firm prior to joining the College of Law in 1987.

JAMES L. WALKER is Professor of Political Science Wright State University./e His teaching and publications are in the areas of constitutional law and civil liberties.

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