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.
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