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Interest Groups and Judicial Federalism: Organizational Litigation in State Judiciaries

Autor Donald J. Farole
en Limba Engleză Hardback – 22 apr 1998 – vârsta până la 17 ani
Throughout this century, organized interest groups have played a central role in U.S. Supreme Court litigation on issues of civil rights and liberties. Yet in recent decades, the Court has been less willing to protect many rights and has discouraged the use of federal court forums. With the federal courts inhospitable or unavailable, interest groups have had greater incentive to enter state judiciaries. Proponents of the new judicial federalism urge groups and other litigants to seek greater individual protection based on state constitutions than that required under federal constitutional standards.Farole examines the conditions under which groups are likely to enter state litigation. How the Supreme Court decisions provide incentives or disincentives for organizational action in state judiciaries as well as how other factors specific to organizations condition their willingness and ability to enter state courts is of particular concern. Farole also examines whether groups assert rights claims based on state constitutional law. He provides a comparative analysis of group litigation in two issue areas-eminent domain and obscenity-in five states. Evidence is taken from a variety of sources including interviews, interest group and court files, and published court opinions. The analysis provides insights into the ability of interest groups to remain active in rights litigation by turning their lobbying efforts to state judiciaries. This book is of particular interest to political scientists and academic lawyers concerned with federalism, interest groups, judicial politics, and civil liberties.
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Specificații

ISBN-13: 9780275960674
ISBN-10: 0275960676
Pagini: 224
Dimensiuni: 156 x 235 x 22 mm
Greutate: 0.54 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Praeger
Locul publicării:New York, United States

Notă biografică

DONALD J. FAROLE, JR. is Assistant Professor of Political Science at the University of North Carolina at Greensboro. His research interests include state courts, rights litigation, and judicial agendas.

Cuprins

Tables and FiguresPreface: Interest Groups, Rights Litigation, and Judicial FederalismAbbreviationsState Courts, Federalism, and RightsUnderstanding State Court Litigation in the Federal ContextLegal Incentives in Takings LawInterest Group Litigation in State Takings CasesLegal Incentives in Obscenity LawObscenity: The ACLU in State JudiciariesObscenity: The Organizational Threshold and Group LitigationConclusion: Interest Groups and Rights in a Decentralized Litigation EnvironmentAppendix A: National Organizational Participation in State Court Takings LitigationAppendix B: National Organizational Participation in State Court Obscenity LitigationAppendix C: Methodological AppendixTable of CasesWorks Cited