Although state courts once dominated U.S. law, the growth of the U.S.
as a nation has inevitably cast federal courts as the prime interpreters of an ever-expanding U.S. Constitution. Many overruled state judges resent the trend; many overworked federal judges yearn to curb it. But now that almost every lawsuit is potentially a federal case, how can state courts regain their power and influence?
One practical answer is supplied by the remarkable record of the seven-judge California Supreme Court. The nation's most aggressive and progressive state court is no respecter of dusty precedents....