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Document Type

Article

Media Type

Text

Abstract

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.

First Page

747

Last Page

781

Publication Date

7-1-1995

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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