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.

Contenu

Preface 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