Jump to ContentJump to Main Navigation
New Frontiers of State Constitutional LawDual Enforcement of Norms$
Users without a subscription are not able to see the full content.

James A. Gardner and Jim Rossi

Print publication date: 2010

Print ISBN-13: 9780195368321

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780195368321.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 19 October 2018

Interjurisdictional Enforcement of Rights in a Post-Erie World

Interjurisdictional Enforcement of Rights in a Post-Erie World

Chapter:
(p.103) 7. Interjurisdictional Enforcement of Rights in a Post-Erie World
Source:
New Frontiers of State Constitutional Law
Author(s):

Robert A. Schapiro

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195368321.003.0007

This chapter turns to the complex interplay of state and national judicial power. The unusual dual structure of the American judiciary creates a system of intersystemic adjudication that provides a way for state and federal courts to work together to safeguard important liberties. Elaborating a concept of “polyphonic” judicial federalism, the chapter takes issue with several well-established principles of federal adjudication that counsel federal courts to avoid construing state constitutions. In fact, the chapter maintains, federal adjudication of state constitutional claims can in many circumstances yield substantial benefits by multiplying the institutional settings in which such claims are considered, generating intersystemic dialogue on the meaning of constitutional principles, and better utilizing available system redundancy to maximize the effectuation of recognized rights. In defending an account of an expanded federal adjudicatory role, the chapter rejects the view that Erie Railroad Co. v. Tompkins requires a complete separation of the state and federal judicial spheres. It argues that nothing in Erie's account of state and national judicial authority impugns the legitimacy of intersystemic judicial dialogue and cooperation, which can go a long way toward reducing error in both systems.

Keywords:   state constitutions, federalism, federal courts, constitutional principles

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .