Article by Lonny S. Hoffman
Over the same time span that the Rehnquist Court has established substantive limitations on state and local regulatory power, this Article argues that it wavered far less often in marking clear jurisdictional boundaries for state courts in civil cases to decide questions of federal law. Yet, despite their importance, little account has been given of the Court's more recent efforts to allocate judicial jurisdiction among the state and federal courts.
The author offers both descriptive and normative claims, both of which collide in several key respects with conventional accounts regarding the Court's decisions over the last decade apportioning judicial decision-making authority in civil cases when questions of federal law or matters of federal interest are at stake.
About the Author
Lonny S. Hoffman. Visiting Professor, University of Texas School of Law (2005-2006); George Butler Research Professor of Law, University of Houston Law Center.
Citation
81 Tul. L. Rev. 283 (2006)