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Civil Rights and Discrimination

Series

1980

Constitution

Articles 1 - 2 of 2

Full-Text Articles in Law

Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler Jan 1980

Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Federalism And Social Change, Terrance Sandalow Jan 1980

Federalism And Social Change, Terrance Sandalow

Articles

A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …