Solimine and Walker provide a comprehensive examination of the major issues revolving around judicial federalism. They analyze the major controversies in the American dual system of courts, demonstrate that the systemic diversity is too important to be overshadowed by ideological stereotyping, and call for a dialogue on the values of state law and courts, including a candid recognition of their problems.
Figures and Tables Preface A Model of Supreme Court Performance Institutional Characteristics of State Supreme Courts The Justices The Work of Six Supreme Courts A Closer Look at Six Courts Conclusions Appendix Bibliography Index to Cases Subject Index
Farole examines the role of organized interest groups in rights litigation in state courts, analyzing factors affecting groups' willingness and ability to enter state litigation. Farole also investigates whether groups assert rights claims based on state constitutional law, as urged by proponents of the new judicial federalism.
"A timely contribution to the analysis of the American Constitution. . . . Edited by Stanley Friedelbaum, it consists of essays written predominantly by political scientists with expertise in constitutional law. The underlying theme is twofold: an exploration of the constitutional norm of federalism, and of the nature and meaning of the Bill of Rights. . . . Highly recommended for advanced undergraduate and graduate students." Choice
The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. Yet little has been written about the origins of the Act. This volume of essays analyzes the Act from political and legal perspectives while enhancing our understanding of the history of the judiciary and its role in the constitutional interpretation.