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Institutional Settlement In A Globalizing Judicial System, Ernest A. Young

Duke Law Journal

This article argues that the field of "Federal Courts" scholarship ought to expand to consider the relations not just between state and federal courts, but also between domestic courts and judicial institutions operating at the international level. Both relationships raise similar sorts of "interjurisdictional" problems-issues of standards of review, abstention, procedural defaults, and the like. Moreover, the study of supranational courts would benefit from the Legal Process jurisprudence that dominates the field of domestic Federal Courts law. In particular, I emphasize Henry Hart and Al Sacks' notion of "institutional settlement," which holds that decisions should be allocated to particular institutions …