This article reviews the stalemate in the parity debate as to whether state courts are functionally interchangeable in their likelihood to protect federal constitutional rights in general and private property rights in particular. The article then summarizes Professor Chemerinsky's litigant choice principle as a means for resolving the debate. A comparison with the German judicial system yields support for the litigant choice principle.
College of Law
Northern Illinois University Law Review
Gartin, Timothy L.
"Parity and the Litigation of Private Property Rights in the United States and Germany: Evidence in Support of Chemerinsky's Litigant Rights Principle,"
Northern Illinois University Law Review: Vol. 15:
3, Article 8.
Timothy L. Gartin, Comment, Parity and the Litigation of Private Property Rights in the United States and Germany: Evidence in Support of Chemerinsky's Litigant Rights Principle, 15 N. Ill. U. L. Rev. 747 (1995).