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Federal Expansion and the Decay of State Courts


Federal Expansion and the Decay of State Courts

Thus, federal expansion and state-court decay represent the most fundamental developments in judicial federalism. This Article explores the rise of federal ...

Federal Expansion and the Decay of State Courts

This Article explores the rise of federal courts and apparent fall of state courts and analyzes the relationship between these two developments.

Federal Expansion and the Decay of State Courts - Journal Article

This Article explores the rise of federal courts and apparent fall of state courts and analyzes the relationship between these two developments.

federal aggrandizement and the decay of - Stanford Law School

federal expansion may be contributing to the decay of state courts and has reinforced a plaintiff-defendant divergence between the two systems. In laying ...

On Expanding Federal Courts | National Affairs

The more important point is that, even if expanding the judiciary is justified for politically neutral reasons, too great an expansion still risks looking ...

Federal Judicial Expansion and State Courts

Diego A. Zambrano examines the increasing federal judicial expansion into state-court power and federal monopolization of large and complex ...

The Role of State Courts in Our Federal System | NCSC

Because this principle, as distinguished from the federal courts' supplementary jurisdiction (generally a function of judicial economy), means that state courts ...

Expanding the Federal Judiciary Is Not About 'Packing' the Courts ...

Court expansion isn't novel or extreme; it's overdue. Adding seats to ensure federal courts could keep up with the caseload was the norm until ...

The New Comity Abstention - California Law Review

In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court ...

Inferiority Complex: Should State Courts Follow Lower Federal ... - wp0

The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection,.

Revisiting and Confronting the Federal Judiciary Capacity “Crisis”

(emphasis added). Page 21. 2020]. FEDERAL JUDICIARY REFORM. 809. 6. Vast Expansion of the Administrative State ... 361 Federal courts must decline jurisdiction ...

Overview of Relationship Between Federal and State Courts

The judicial Power of the United States, shall be vested in one supreme Court , and in such inferior Court s as the Congress may from time to time ordain and ...

Judicial Federalism Through a Relational Lens

state courts might legitimately decline to adjudicate federal claims, by releasing states ... Court of the expansion of the Court's Commerce Clause.

The Paradox of Exclusive State-Court Jurisdiction Over Federal Claims

Zambrano, Federal Expansion and the Decay of State Courts, 86 U. CHI. L. REV. 2101, 2156 (2019) (cataloguing reasons to “expect corporate defendants to.

Judicial Federalism and Representation - Jonathan Kastellec

view, federal judges can strike down federal and state laws, thereby giving federal courts the ... state courts for ju- dicial expansion of such rights. In ...

State Courts and the Federalization of Arbitration Law

Third, state court resistance to the FAA has compounded, rather than rectified, disruptions to the federal-state balance. It has contributed to ...

Trends in the Relationship Between the Federal and State Courts ...

practical perspective of a state court judge. CRIMINAL PROCEEDINGS. Application of federal constitutional law by state courts is made most often in state ...

Federalism, Private Rights, and Article III Adjudication

Preserving state court decisional primacy in private rights cases could not only spare citizens the expense of travel to distant federal forums, ...

The Expansion of Federal Jurisdiction and the Crisis in the Courts

... States would be to abolish the jurisdiction of federal courts which is based solely on the ground that the litigants are citizens of different states." In ...

Federalism and the Rise of State Courts - jstor

truded upon the rights of the judiciary of this sovereign state," Sheehy said. "Instead of knuckling under to this unjustified expansion of federal judi.