Appellate Review of Social Facts in Constitutional Rights Cases

CE Borgmann - Calif. L. Rev., 2013 - HeinOnline
When legislation or governmental policies are challenged in federal court as violating
individual constitutional rights,'federal district court judges may 1. Constitutional rights claims …

Foreword: Stepping Over the Procedural Threshold in the Presentation of State Constitutional Claims

PW Beck - Temple L. Rev., 1995 - HeinOnline
It has been nearly twenty years since United States Supreme Court Justice William J.
Brennan, Jr. sounded the battle cry for the birth of the" New Federalism." Characterizing …

Justiciability of Federal Claims in State Court

NA Gordon, D Gross - Notre Dame L. Rev., 1983 - HeinOnline
Lawyers representing plaintiffs in cases such as those involving institutional reform'have in
the past commonly prosecuted federal claims in federal court and appended state claims in …

Swimming in the Jaws of the Crocodile: State Court Comment on Federal Constitutional Issues When Disposing of Cases on State Constitutional Grounds

RF Utter - Tex. L. Rev., 1984 - HeinOnline
In recent years the re-emergence and revitalization of state constitutional analysis has been
reflected in the literature. 1 As lawyers and state judges learn more about their state …

Ancillary powers of constitutional courts

T Ginsburg, Z Elkins - Tex. L. Rev., 2008 - HeinOnline
Observers of the global judicialization of politics have noted the spread of constitutional
courts around the world, which made their appearance in early twentieth-century …

Federalism, Section 1983 and State Law Remedies: Curtailing the Federal Civil Rights Docket by Restricting the Underlying Right

DL Brockett - U. Pitt. L. Rev., 1981 - HeinOnline
In the past two decades, section 1983 of the Federal Civil Rights Act1 has become the
cutting edge of constitutional law. Section 1983 provides an avenue into federal courts for …

Federal Court Jurisdiction of Suits against Non-Persons for Deprivation of Constitutional Rights

IE Bodensteiner - Val. UL Rev., 1973 - HeinOnline
USC § 1983.'In Moor v. County of Alameda1 the plaintiffs brought an action for damages
only3 against the County of Alameda, the sheriff and several deputies, claiming they were …

Supreme Court's Legislative Agenda to Free Government from Accountability for Constitutional Deprivations

GS Gildin - Penn St. L. Rev., 2009 - HeinOnline
In Bell Atlantic Corp. v. Twombly,'the Supreme Court adopted a new standard of factual
particularity a plaintiff must meet to satisfy the requirement of Federal Rule of Civil Procedure …

Principles of State Constitutional Interpretation

C Bolick - Ariz. St. LJ, 2021 - HeinOnline
State constitutionalism-the practice of state courts deciding cases on independent state
constitutional grounds-is a vital yet underdeveloped attribute of American federalism. Our …

State Constitutional Law for Maryland Lawyers: Individual Civil Rights

CA Rees - U. Balt. L. Rev., 1977 - HeinOnline
This guide to selected aspects of Maryland state constitutional law is designed for use by
lawyers and law students who are familiar with the principles of federal constitutional law …