Diversity of Citizenship Jurisdictionmagistrates Reform 1979 Hearings Before
Diversity of Citizenship Jurisdictionmagistrates Reform 1979 Hearings Before
Civil Liberties United States Congress House Committee On the J
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See also Moore & Weckstein, supra note 78, at 22. 219. Johnson believes that the basic strength of the federal judiciary is its inde- pendence from poUtical and social pressures, and its ability to "rise above the influ- ence of popular clamor. " Johnson, Role of the Judiciary, supra note 35, at 474-75. See also Neubome, Myth of Parity, supra note 53. Neubome argues both that plaintiffs advancing federal constitutional claims against local officials are more likely to prevail in federal than in... state court and that federal district courts are "institutionally preferable" to state appellate courts as forums in which to litigate federal constitutional claims. See also Note, Stone v. Powell and theNew Federalism, supra note 53, at 163-64. 220. [The claim of federal superiority] is unsupportable as applied to state law problems where state law controls. Such a belief, if carried to its logical conclusion, would result in the placing of all litigation in the federal court system .... Our state courts have exclusive jurisdiction over murder cases with the death penalty apphcable; they have jurisdiction over .
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