Interstate Relations: The Neglected Dimension of Federalism

By Joseph F. Zimmerman | Go to book overview

several years before a decision is rendered, and the court encourages the party states to settle their disputes through good faith negotiations.

Interstate disputes also can be resolved through interstate and federal-state compacts, negotiations, reciprocity (see Ch. 10), and congressional preemption. Congress possesses the power to amend or repeal interstate common law established by the court, thereby obviating the need for the court to adjudicate many controversies. Congress, however, has been reluctant to legislate a solution to many controversies, and the court has had to rely upon dormant commerce clause jurisprudence to resolve them. This type of jurisprudence involves the court basing its decisions on the clause in the absence of a congressional statute on the subject of the controversy. Chapter 3 explores the first of these alternative dispute reconciliation mechanisms.


NOTES
1
Removal of Causes Act of 1920, 41 Stat. 554, 28 U.S.C.A. § 1441 ( 1995).
2
Justice Improvement Act of 1988, 102 Stat. 4646, 28 U.S.C.A. § 1332 ( 1992 Supp.).
3
Judiciary Act of 1789, 1 Stat. 73 at 80-81. See also 36 Stat. 1156, 28 U.S.C.A. § 1251 (a) ( 1993). The Act also grants the Supreme Court authority to promulgate necessary rules for the conduct of business in U.S. courts.
4
Missouri v. Illinois, 200 U.S. 496 ( 1905).
5
"The Original Jurisdiction of the United States Supreme Court"," Stanford Law Review, July 1959, pp. 665-719, and Vincent L. McKusick, "Discretionary Gatekeeping: The Supreme Court's Management of Its Original Jurisdiction Docket Since 1961"," Maine Law Review, Vol. 45, 1993, p. 188.
6
Texas v. New Mexico, 462 U.S. 554 at 570 ( 1983), and Wyoming v. Oklahoma, 112 S.Ct. 789 at 798 ( 1992).
7
United States Supreme Court Rule 17.
8
See Arizona v. New Mexico, 425 U.S. 794 ( 1978), and California v. Southern Pacific Company, 457 U.S. 229 ( 1985).
9
Dissent of Justice William H. Rehnquist in Maryland v. Louisiana, 451 U.S. 725 at 765 ( 1981).
10
McKusick, "Discretionary Gatekeeping"," p. 193.
11
Illinois v. City of Milwaukee, 406 U.S. 91 ( 1972).
12
Puerto Rico v. Iowa, 464 U.S. 1034 ( 1984).
13
Oklahoma v. Arkansas, 460 U.S. 1020 ( 1983).
14
Louisiana v. Texas, 176 U.S. 1 ( 1900).
15
Pennsylvania v. New Jersey, 426 U.S. 660 at 666 ( 1976).
17
United States Constitution, Art. I, §8; Art. IV, §2; Art. VI; and Fourteenth Amendment, and Tax Reform Act of 1976, 90 Stat. 1914, 15 U.S.C.A. §391 ( 1993 Supp.).

-29-

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Interstate Relations: The Neglected Dimension of Federalism
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • 1 - Relations between States 1
  • Notes 13
  • 2 - Referee Role of the Supreme Court 17
  • Notes 29
  • 3 - Interstate Compacts and Agreements 33
  • Notes 55
  • 4 - Full Faith and Credit 59
  • Notes 81
  • 5 - Privileges and Immunities 87
  • Notes 99
  • 6 - Refidition of Fugitives from Justice 103
  • Notes 114
  • 7 - Interstate Economic Protectionism 117
  • Notes 136
  • 8 - Interstate Competition for Tourists, Sports Franchises, and Business Firms 141
  • Notes 158
  • 9 - Interstate Tax Revenue Competition 161
  • Notes 180
  • 10 - Formal and Informal Interstate Cooperation 185
  • Notes 207
  • 11 - Model for Improved Interstate Relations 213
  • Notes 233
  • Bibliography 237
  • Index 259
  • About the Author *
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