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Throughout this century, organized interest groups have played a central role in U.S. Supreme Court litigation on issues of civil rights and liberties. Yet in recent decades, the Court has been less willing to protect many rights and has discouraged the use of federal court forums. With the federal courts inhospitable or unavailable, interest groups have had greater incentive to enter state judiciaries. Proponents of the new judicial federalism urge groups and other litigants to seek greater individual protection based on state constitutions than that required under federal constitutional standards.
Farole examines the conditions under which groups are likely to enter state litigation. How the Supreme Court decisions provide incentives or disincentives for organizational action in state judiciaries as well as how other factors specific to organizations condition their willingness and ability to enter state courts is of particular concern. Farole also examines whether groups assert rights claims based on state constitutional law. He provides a comparative analysis of group litigation in two issue areas-eminent domain and obscenity-in five states. Evidence is taken from a variety of sources including interviews, interest group and court files, and published court opinions. The analysis provides insights into the ability of interest groups to remain active in rights litigation by turning their lobbying efforts to state judiciaries. This book is of particular interest to political scientists and academic lawyers concerned with federalism, interest groups, judicial politics, and civil liberties.
Inhaltsverzeichnis
Tables and Figures
Preface: Interest Groups, Rights Litigation, and Judicial Federalism
Abbreviations
State Courts, Federalism, and Rights
Understanding State Court Litigation in the Federal Context
Legal Incentives in Takings Law
Interest Group Litigation in State Takings Cases
Legal Incentives in Obscenity Law
Obscenity: The ACLU in State Judiciaries
Obscenity: The Organizational Threshold and Group Litigation
Conclusion: Interest Groups and Rights in a Decentralized Litigation Environment
Appendix A: National Organizational Participation in State Court Takings Litigation
Appendix B: National Organizational Participation in State Court Obscenity Litigation
Appendix C: Methodological Appendix
Table of Cases
Works Cited
Über den Autor / die Autorin
DONALD J. FAROLE, JR. is Assistant Professor of Political Science at the University of North Carolina at Greensboro. His research interests include state courts, rights litigation, and judicial agendas.
