One of the most difficult practical problems posed by our federal system arises when the judicial institutions of one law-making authority are enlisted to enforce and protect rights created by another. While the United States Supreme Court through its appellate jurisdiction is the institution charged with the final responsibility for overseeing a satisfactory solution to this problem, and while the Court can indicate how competing interests are to be harmonized in specific controversies and provide some principles which may be useful in different contexts, it cannot review every state 301 suit. In the long run, success depends upon the earnest labors of state courts to identify the policies which are in conflict and bring their energies to bear in an effort to achieve a true resolution of the competing interests. For the most part, the Court has delineated the policy values under 301 law, and what remains is the application of these policies to specific issues which arise during the course of litigation. It is the purpose of this note to engage in the type of analytical processes state courts must undertake and to reach some conclusions concerning the role of state law in suits brought under section 301.
Edward J. Hardin and Joseph C. Miller,
Vertical Conflicts: The Role of State Law in Suits under Section 301,
21 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol21/iss5/8