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Article: On the received wisdom in federal courts.(federal court policy that state courts should hear constitutional cases)
- Article from:
- University of Pennsylvania Law Review
- Article date:
- May 1, 1999
- Author:
CopyrightCOPYRIGHT 1999 University of Pennsylvania, Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The received wisdom in federal courts law is that the United States Supreme Court should actively preserve the state courts as an important forum for the adjudication of federal constitutional claims.(1) According to this wisdom, the Court must actively maintain a balance in the allocation of constitutional litigation between state and federal courts. Left on their own, many federal constitutional claimants would elect litigation or relitigation in a federal forum. The delicate balance between state and federal courts would be upset. Informed by this wisdom, the Court has built several important doctrinal walls around federal courts, including the rules barring federal ...
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