The Role of Lower State Courts in Adapting State Law to Changed Federal Interpretations

14 Pages Posted: 27 Sep 2011

See all articles by Bruce Ledewitz

Bruce Ledewitz

Duquesne University - School of Law

Date Written: 1994

Abstract

It is by now well accepted that when the United States Supreme Court changes its view on an issue, state supreme courts are generally free to retain the surpassed federal rule as a matter of state constitutional law. A great deal of advice in the literature directed to state supreme courts suggests how the decision to follow or not to follow the new federal precedent should be made. Ultimately, the state supreme court has authority to make this decision by whatever methodology, or lack thereof, the court chooses.

Suggested Citation

Ledewitz, Bruce, The Role of Lower State Courts in Adapting State Law to Changed Federal Interpretations (1994). Temple Law Review, Vol. 67, 1994; Duquesne University School of Law Research Paper No. 2011-21. Available at SSRN: https://ssrn.com/abstract=1933930

Bruce Ledewitz (Contact Author)

Duquesne University - School of Law ( email )

600 Forbes Avenue
Pittsburgh, PA 15282
United States

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