Respecting State Courts: The Inevitability of Judicial Federalism

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.

Table of Contents:
Preface The Once and Future Federalism Rights and Judicial Federalism Beyond Paradigms: State Court Adjudication of Federal Rights Judicial Federalism, Civil Law, and the New Forum Shopping Federalism, Liberty, and State Constitutional Law Special Problems for Judicial Federalism: Race, the Death Penalty, and Habeas Corpus Judicial Federalism: Power, Ideology, and Community Bibliography Index

About the Author :
MICHAEL E. SOLIMINE is Donald P. Klekamp Professor of Law, University of Cincinnati College of Law./e Professor Solimine clerked for a U.S. District Judge and was a litigation associate in a law firm prior to joining the College of Law in 1987. JAMES L. WALKER is Professor of Political Science Wright State University./e His teaching and publications are in the areas of constitutional law and civil liberties.

Review :
"Solimine and Walker make a strong but nuanced argument for the benefits of a legal system in which state courts play a powerful role, an argument that is richly documented and that draws upon their own empirical research."-Lawrence Baum Professor Political Science Department Ohio State University "This volume combines empirical analysis with trenchant observation and an encyclopedic knowledge of the literature on state courts to provide an account that is altogether persuasive. It belongs on the bookshelf of every student of the American judicial system."-G. Alan Tarr Director, Center for State Constitutional Studies Professor, Department of Political Science Rutgers University ?RESPECTING STATE COURTS, as an exhaustive enumeration of arguments in the debate over judicial federalism, is essential reading for anyone concerned about the viability or disireability of our dual court system.?-The Law and Politics Book Review ?The authors are well qualified to prepare this series of essays on state courts and contemporary federalism....The book contains an outstanding bibliography and is well indexed.?-Choice "The authors are well qualified to prepare this series of essays on state courts and contemporary federalism....The book contains an outstanding bibliography and is well indexed."-Choice "RESPECTING STATE COURTS, as an exhaustive enumeration of arguments in the debate over judicial federalism, is essential reading for anyone concerned about the viability or disireability of our dual court system."-The Law and Politics Book Review