REVISING OUR "COMMON INTELLECTUAL HERITAGE": FEDERAL AND STATE COURTS IN OUR FEDERAL SYSTEM

Judith Resnik, Yale Law School

Abstract

This Essay pays tribute to Daniel Meltzer's insight that, to the extent "lawyers have a common intellectual heritage, the federal courts are its primary source." I do so by analyzing how that heritage is made and remade, as political forces press Congress to deploy federal courts to protect a wide array of interests and state courts absorb the bulk of litigation.