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State and Local Government Law Commons™
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Articles 1 - 3 of 3
Full-Text Articles in State and Local Government Law
State Courts And The Federal System, Griffin B. Bell
State Courts And The Federal System, Griffin B. Bell
Vanderbilt Law Review
One of the more important aspects of federalism lies in the relationship which has been established between state and federal courts. The interworkings of the judicial process involve power in some in-stances and principles of comity in others. The purpose of this article is to examine this relationship, including possible areas of abrasion resulting from the interworkings between the two court systems.
State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover
State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover
Vanderbilt Law Review
The full faith and credit clause of the Constitution' has commonly been regarded as concerned only with the enforcement of foreign judgments between the states of the Union. The numerous cases which have come before the Supreme Court have dealt almost exclusively with the "judicial Proceedings" phrase of the clause, while the words "public Acts" and "Records" have been, for the most part, left untapped as a source of decisional law. It has only been in recent years that the Supreme Court has broadened its approach by applying the full faith and credit clause to the legislative acts of the …
Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyne
Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyne
Vanderbilt Law Review
My contribution to this symposium will consist of the advancement of one main thesis and four subordinate and supporting ones. My main thesis is simple indeed. Procedural rules must be viewed as grants or creations of judicial power. My subordinate theses then indicate certain complications showing that in practice the matter cannot be thus wholly disposed of. Though too much reform has so assumed, it turns out that telling a court it has power does not guarantee exercise of that power. Judicial inertia, prece- dent-mindedness, love of technical niceties-all play their part in halting procedural improvement. So does, even more, …