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 …
Brennan, Jr. sounded the battle cry for the birth of the" New Federalism." Characterizing …
Superconstitutions Saving the Shunned: The State Constitutions Masquerading as Weaklings
D Gordon - Temple L. Rev., 1994 - HeinOnline
Litigators have so infrequently tapped state constitutions as a source of protection for
individual rights that more than once during the last dozen or so years legal commentators …
individual rights that more than once during the last dozen or so years legal commentators …
State Constitutional Interpretation: The Search for an Anchor in a Rough Sea
VJ Titone - . John's L. Rev., 1986 - HeinOnline
That it is the responsibility of the judiciary to act as the final arbiter in deciphering the
meaning and ambit of the federal Constitution was settled in Marbury v. Madison. 2 Similarly …
meaning and ambit of the federal Constitution was settled in Marbury v. Madison. 2 Similarly …
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 …
constitutional grounds-is a vital yet underdeveloped attribute of American federalism. Our …
State Constitutional Interpretation and Methodology
RA Van Cleave - NML Rev., 1998 - HeinOnline
I. INTRODUCTION In 1977, former Justice Brennan presented his famous speech, State
Constitutions and the Protection of Individual Rights, 1 urging state judges to look to the …
Constitutions and the Protection of Individual Rights, 1 urging state judges to look to the …
Hurrah for Revolution: A Critical Assessment of State Constitutional Interpretation
JL Landau - Or. L. Rev., 2000 - HeinOnline
T he legitimacy of state constitutionalism seems all but taken for granted. After three decades
of experimentation and debate, state courts have come routinely to give independent …
of experimentation and debate, state courts have come routinely to give independent …
The Practice of Principled Decision-Making in State Constitutionalism: Washington's Experience
RF Utter - Temple L. Rev., 1992 - HeinOnline
In a recent article, The Failed Discourse of State Constitutionalism, I Professor James A.
Gardner provocatively explores a number of issues. He asks whether" state courts, as …
Gardner provocatively explores a number of issues. He asks whether" state courts, as …
Beyond the Federal Constitution: The Status of State Constitutional Law in Florida
JC Cooper - Stetson L. Rev., 1988 - HeinOnline
The rediscovery, within the past decades, by state supreme courts of the broad guarantees
of individual rights in state constitutions has been heralded as one of the most significant …
of individual rights in state constitutions has been heralded as one of the most significant …
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 …
reflected in the literature. 1 As lawyers and state judges learn more about their state …
The Enduring Salience of State Constitutional Law
JS Sutton - Rutgers UL Rev., 2017 - HeinOnline
Supreme Court. The other answer is that both of them took State Constitutional Law
seriously. In his last majority opinion for the US Supreme Court, Kansas v. Carr, Justice …
seriously. In his last majority opinion for the US Supreme Court, Kansas v. Carr, Justice …