Louise Weinberg

The New Judicial Federalism

This paper, coining the now-common term, “judicial federalism,” examined the relation between Younger v. Harris and Mitchum v. Foster, and considered an extreme example of Younger dismissal, Rizzo v. Goode. Through this prism the paper pointed out that what was interesting about the Burger Court was procedure, not substance, and that the Court was embarked on what has turned out to be the Supreme Courts long and continuing retreat from Warren Court values.