Litigating Federalism: The States Before the U.S. Supreme Court

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Greenwood Publishing Group, 1999 - Law - 160 pages


Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context.

After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.

 

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Contents

Introduction
1
The States and the Commerce Power
9
A Federalist Jurisprudence?
25
The Evolution of Advocacy The Offices of State Attorney General
43
Patterns of State Participation Before the Court
57
A Model of State Participation Before the Court
81
The Recent Court and the ProState Bloc
99
Conclusion
121
Survey Instrument
125
Additional Information on Chapter 3 Scores
135
Additional Information on Chapter 6 Analysis
141
Table of Cases
143
Bibliographical Essay
147
Bibliography
151
Index
157
Copyright

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About the author (1999)

ERIC N. WALTENBURG is Assistant Professor of Political Science at Purdue University. His teaching and research interests focus on judicial politics, federalism, constitutional law, and interest groups.

BILL SWINFORD is Assistant Professor of Political Science at the University of Richmond. His teaching and research interests focus on constitutional law, civil liberties, and American adoption law.

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