Respecting State Courts: The Inevitability of Judicial Federalism

By Michael E. Solimine; James L. Walker | Go to book overview

Preface

This is a book about the relationship between America's court system and the structure of federalism. For a long time now, the nagging fear of anyone daring to write about federalism is that, in Plutarch's words, we are "misusing that love of inquiry and observation which nature has implanted in us on objects unworthy of the attention." The subject has been marginalized by some of the best minds of the last two generations. It has been vilified and associated with most of the evils of modernity. We hope only that our willingness to rush in where angels fear to tread is a sign not of foolishness but of a desire to take the road less traveled.

Like most books, this one developed over several years. First as student and teacher, the two authors have long discussed the relative merits of the state and federal courts and judges. The older and more leftist of the two had written a doctoral dissertation on state trial courts. The younger, and more centrist of the two, had clerked for a federal judge. They were surprised, therefore, that despite their ideological predispositions and experiences, they agreed that there was not as much difference between the two systems as the conventional wisdom of the time assumed. Over the next several years, they would write, separately and together, on various aspects of this point of view.

This volume is an attempt to summarize many of these arguments and to give a more mature voice to the ideas first expressed over two decades ago. We hope that anyone interested in law and courts, whether they be of the academic, political, or citizen, will find something of interest in these pages. But most importantly, we hope that it will provoke further debate and discussion on what we consider to be a vital national topic, the best road to just, self-government.

In the chapters that follow, the dear reader will find little stridency, much conviction, but little passion. We hope to gently persuade not that our Constitution is the "greatest document ever struck off in the history of man," or even that it is the greatest thing since sliced bread. We simply desire, in a quiet and, we hope, intellectually honest way, to write an appreciation of the unique qualities of the American federal system of law and courts.

-xi-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Respecting State Courts: The Inevitability of Judicial Federalism
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 167

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.