Making State Law in Federal Court
BC Glassman - Gonz. L. Rev., 2005 - HeinOnline
Disputes litigated in federal court frequently must be decided at least in part according to
state law. But the precise content of the state law at issue is not always clear. Sometimes …
state law. But the precise content of the state law at issue is not always clear. Sometimes …
Examining the Power of Federal Courts to Certify Questions of State Law
JR Nash - Cornell L. Rev., 2002 - HeinOnline
A federal court is frequently called upon to determine matters of state law. In such situations,
the federal court must divine how the state's high court would decide the state law question …
the federal court must divine how the state's high court would decide the state law question …
State Courts and the Federal System
GB Bell - Vand. L. Rev., 1967 - HeinOnline
One of the more important aspects of federalism lies in the relationship which has been
established between state and federal courts. The interworkings of the judicial process …
established between state and federal courts. The interworkings of the judicial process …
State Courts Unbound
FM Bloom - Cornell L. Rev., 2007 - HeinOnline
State courts live by simple rules. One rule holds that state courts may adjudicate federal
questions-or most of them, at least. 1 Another rule permits state courts to play a pivotal role …
questions-or most of them, at least. 1 Another rule permits state courts to play a pivotal role …
Choosing and Declaring State Law: Deference to State Courts Versus Federal Responsibility
MH Cardozo - Nw. UL REv., 1960 - HeinOnline
There are certain important areas of the law that are only occasionally involved in actions
before that august court. On the rare occasions when-these areas do appear there, the …
before that august court. On the rare occasions when-these areas do appear there, the …
Michigan v. Long: A Twenty Year Retrospective
M Esler - Alb. L. Rev., 2002 - HeinOnline
Respect for judicial federalism requires the Supreme Court to avoid deciding questions of
state law when reviewing state court decisions. 1 The Supreme Court's power lies only in …
state law when reviewing state court decisions. 1 The Supreme Court's power lies only in …
Four Half-Truths About State Constitutional Law
B Latzer - Temple L. Rev., 1992 - HeinOnline
A number of half-truths are becoming associated with the New Judicial Federalism, which
may be defined as the trend among state courts to rely upon state law, especially state …
may be defined as the trend among state courts to rely upon state law, especially state …
The Ideologies of Federal Courts Law
RH Fallon Jr - Va. L. Rev., 1988 - HeinOnline
T HE law of judicial federalism'-an important subset of the standard federal courts curriculum-
is wracked by internal contradictions. The problem is not simply the incompatibility of results …
is wracked by internal contradictions. The problem is not simply the incompatibility of results …
Foreword: On the Judicial Safeguards of Federalism
RJ Reinstein - Temp. Pol. & Civ. Rts. L. Rev., 2007 - HeinOnline
There are two basic aspects of our constitutional system of federalism. The first is that the
States derive their powers from their own constitutions, and not from the national …
States derive their powers from their own constitutions, and not from the national …
Federal Judgments Law: Sources of Authority and Sources of Rules
SB Burbank - Tex. L. Rev., 1991 - HeinOnline
Problems in the allocation of lawmaking power between the federal government and the
states do not-and I am inclined to think that they should not-loom large in the traditional …
states do not-and I am inclined to think that they should not-loom large in the traditional …