| NCJ Number: |
140552   |
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| Title: |
Judicial Federalism in Action: Coordination of Litigation in State and Federal Courts |
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| Author(s): |
W W Schwarzer; N E Weiss; A Hirsch |
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| Date Published: |
1992 |
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| Page Count: |
63 |
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| Sponsoring Agency: |
Federal Judicial Ctr
Washington, DC 20002
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000 |
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| Sale Source: |
National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America |
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| Document: |
PDF |
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| Type: |
Program Description (Model) |
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| Format: |
Document |
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| Language: |
English |
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| Country: |
United States of America |
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| Annotation: |
This article examines several cases in which judges have gone beyond existing formal mechanisms to coordinate litigation in State and Federal courts. |
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| Abstract: |
Part I discusses the negative consequences of related multiforum litigation and briefly outlines existing formal mechanisms for aggregating cases concurrently pending in both State and Federal courts. Part II discusses several proposed new mechanisms for facilitating aggregation. Part III describes how judges engaged in informal intersystem coordination, including the various ways they coordinated their litigation, the techniques they developed, the procedures that proved most successful, and how difficulties encountered in the process were or were not resolved. Part IV addresses various issues relevant to State-Federal coordination, including the factors that make a particular litigation suitable for coordination; the role of attorneys in facilitating coordination; and a variety of federalism concerns, such as deference by State and Federal judges to one another on issues of State and Federal law, and the tension between consistency and correctness. The article concludes that when litigation spans State and Federal courts, informal coordination can advance judicial economy, efficiency, and fairness. 270 footnotes |
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| Main Term(s): |
Court management |
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| Index Term(s): |
Court case flow management; Federal courts; Judicial system development; State courts |
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| Note: |
Reprinted from the Virginia Law Review, Volume 78. |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=140552 |
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