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Respecting State Courts
The Inevitability of Judicial Federalism
Respecting State Courts
The Inevitability of Judicial Federalism
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Description
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.
Table of Contents
The Once and Future Federalism
Rights and Judicial Federalism
Beyond Paradigms: State Court Adjudication of Federal Rights
Judicial Federalism, Civil Law, and the New Forum Shopping
Federalism, Liberty, and State Constitutional Law
Special Problems for Judicial Federalism: Race, the Death Penalty, and Habeas Corpus
Judicial Federalism: Power, Ideology, and Community
Bibliography
Index
Product details
| Published | Dec 30 1999 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 184 |
| ISBN | 9780313306341 |
| Imprint | Praeger |
| Dimensions | 9 x 6 inches |
| Series | Contributions in Legal Studies |
| Publisher | Bloomsbury Publishing |
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