Justice Hans Linde interrupted a distinguished academic career to serve on the Oregon Supreme Court, where he came to be viewed as one of the two or three most important state court judges in this century. Now in retirement from the bench, Linde continues to make significant scholarly contributions that are vitally enriched by his judicial experien
In this volume, Robert Nagel proposes that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization
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A series of decisions by the US Supreme Court raises the question of whether the federal judiciary will help to induce a major shift toward decentralization. Despite the ambitious hopes of some observers & the desperate fears of others, there are reasons to doubt that the Court will implement such a program. The justices are unlikely to persist in protecting states' rights in part because of their own ambivalence & in part because the idea itself is too self-contradictory to support a consistent interpretive agenda. Even if the Court were to overcome these problems, it lacks the capacity to control the relevant behaviors & attitudes. The main potential political allies in a states' rights campaign -- state officials & populist dissenters -- are unlikely to have interests compatible with judicial norms or to be effective voices for federalism. In fact, general social & cultural conditions seem to favor further centralization. 16 References. Adapted from the source document.