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Federalism, Untamed

Item

Title

Federalism, Untamed

Creator

Date

1994

Published In

Volume

47

Bibliographic Citation

Ann Althouse, Federalism, Untamed 47 Vand. L. Rev. 1207 (1994).

Abstract

Do you rankle at those amorphous rhapsodies about _Our Federalism√ď indulged in by judges who relegate civil rights litigants to state courts?1 Why would anyone see cases in which state officials stand charged of violating the rights of individuals as presenting an occasion for deference to the states? If federal rights take precedence over state policies and practices, is it not perverse to prefer adjudication in the courts that have the strongest bias in favor of state interests? If jurisdiction is a duty and declining jurisdiction consequently a dubious business, shouldn't we reject judge-made doctrine and statutory interpretation that restrict access to federal court? And when the cases excluded involve matters of individual rights, shouldn't our disapproval become active condemnation?

Keywords

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