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On the Federalization of the Administration of Civil and Criminal Justice

Russell R. Wheeler, William W Schwarzer
January 1, 1994

Long Range Planning Series, Paper No. 2

An examination of some of the conflicting views and their underlying premises regarding federalization of the administration of justice, e.g., Does the Constitution dictate a limited role for the federal courts? Do the policy reasons underlying federalism argue for a restricted role? Does expanded jurisdiction subvert the appropriate role of the federal courts or threaten their quality and competence? Is there a principled basis for defining the federal courts' role? A concluding section notes that more practical considerations may be available to guide legislators and policy makers in preserving the unique role of the federal courts consistent with national interests.

This long range planning paper was reprinted in 23 Stetson Law Review, No. 3 (Summer 1994).