
Contents
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State Court Enforcement of Federal Rights State Court Enforcement of Federal Rights
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State Standing for Federal Rights State Standing for Federal Rights
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The Special Problem of Remedies Against the Federal Government The Special Problem of Remedies Against the Federal Government
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Historical Perspective Historical Perspective
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Current Applications Current Applications
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Sovereign Immunity after Alden Sovereign Immunity after Alden
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More Polyphonic Federalism in Action: State Criminal Prosecution of Federal Officials More Polyphonic Federalism in Action: State Criminal Prosecution of Federal Officials
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The Values of Federalism Revisited The Values of Federalism Revisited
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Six State Courts as Enforcers of Federal Law
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Published:May 2009
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Abstract
This chapter concentrates on state court enforcement of federal law. It describes how the polyphonic perspective fosters an appreciation for the benefits of intersystemic adjudication. State court enforcement of federal law can play a significant role in promoting the goals of federalism. Such intersystemic adjudication leads to a more innovative and resilient jurisdictional system and also safeguards human rights. The state courts and Congress act as partners in realizing federal statutory rights. A polyphonic conception of federalism emphasizes that the dual court system in the United States provides dual means of enforcing rights. An important function of federal law is to prevent state tyranny, but the sovereign immunity doctrines of Seminole Tribe v. Florida and Alden v. Maine threaten to immunize states from the application of federal law. These decisions hinder the enforcement of federal statutes that regulate tyrannic state conduct.
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