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Interest Groups and Judicial Federalism - Organizational Litigation in State Judiciaries (Hardcover, New)
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Interest Groups and Judicial Federalism - Organizational Litigation in State Judiciaries (Hardcover, New)
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Throughout this century, organized interest groups have played a
central role in U.S. Supreme Court litigation on issues of civil
rights and liberties. Yet in recent decades, the Court has been
less willing to protect many rights and has discouraged the use of
federal court forums. With the federal courts inhospitable or
unavailable, interest groups have had greater incentive to enter
state judiciaries. Proponents of the new judicial federalism urge
groups and other litigants to seek greater individual protection
based on state constitutions than that required under federal
constitutional standards. Farole examines the conditions under
which groups are likely to enter state litigation. How the Supreme
Court decisions provide incentives or disincentives for
organizational action in state judiciaries as well as how other
factors specific to organizations condition their willingness and
ability to enter state courts is of particular concern. Farole also
examines whether groups assert rights claims based on state
constitutional law. He provides a comparative analysis of group
litigation in two issue areas--eminent domain and obscenity--in
five states. Evidence is taken from a variety of sources including
interviews, interest group and court files, and published court
opinions. The analysis provides insights into the ability of
interest groups to remain active in rights litigation by turning
their lobbying efforts to state judiciaries. This book is of
particular interest to political scientists and academic lawyers
concerned with federalism, interest groups, judicial politics, and
civil liberties.
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