Monday, April 26, 2010
Charleton C. Copeland (University of Miami School of Law) has posted Federalism's Duty: Mediating Judicial Interaction in a Federal Regime to SSRN.
This article argues that this "middle path" represents a particular model of federalism enforcement-relational federalism enforcement. Relational federalism enforcement is the judicial mediation of the interaction of the national government and state governments that goes beyond merely invalidating particular practices as beyond the scope of power a particular institutional actor. Rather relational federalism enforcement imposes behavioral norms on both states and the national government as consistent with the enduring nature of their interaction under the constitutional structure of federal. In the 2008 term, the United States Supreme Court decided Haywood v. Drown, which dealt with the preemption of NY state judicial procedures related to damage actions against corrections officers. In the article, I argue that the Court's case law related to the preemption of state procedural rules is an important example of relational federalism enforcement. The article provides an overview of the theory of relational federalism, defends the practice of judicial mediation of the national state relationship through the creation of federalism-inspired rules of interaction, situates judicial mediation within a larger context of other federal courts doctrine (abstention and adequate state grounds doctrine), and critiques the Court's decision to preempt NY procedural rules in light of the theory of relational federalism. The Article takes issue with the Court's reasoning in Haywood, whose analytical framework fails to take state interests into account in deciding to preempt state law.