Principles of Georgia Constitutional Interpretation

NSD Peterson - Mercer L. Rev., 2023 - HeinOnline
The Supreme Court of Georgia routinely emphasizes the importance of interpreting the
Georgia Constitution on its own terms, and not merely importing federal interpretations of the …

Textualism in Alabama

J Mitchell - Ala. L. Rev., 2022 - HeinOnline
Textualism is alive and well in Alabama. This interpretive doctrine teaches that legal texts
have objective meaning and that it is the job of judges to find and apply that meaning …

Primacy in Theory and Application: Lessons From a Half-Century of New Judicial Federalism

CR Connors, C Finch - Me. L. Rev., 2023 - HeinOnline
Justice Brennan famously reminded jurists that our governmental system includes two
constitutions applicable to each state, and New Judicial Federalism was born. Since then …

Mama Knows Best: Raffensperger v. Jackson Ushers in a New Framework for Professional Licensing Challenges and Recognizes a Right to Work for Lactation …

AT Kelly - Mercer L. Rev., 2023 - HeinOnline
" State constitutionalism... is... vital yet underdeveloped [.]" 1 The right to pursue one's
chosen profession free from unreasonable government interference is inherent in the …

State Constitutional Law" Standing to Litigate Public Rights in Georgia Courts"

R Beck - Mercer L. Rev., 2023 - HeinOnline
State courts interpreting state constitutions face the recurring issue of how much weight to
afford Supreme Court of the United States precedent addressing comparable questions …

[图书][B] Memory and Authority: The Uses of History in Constitutional Interpretation

JM Balkin - 2024 - books.google.com
From one of the nation's preeminent constitutional scholars, a sweeping rethinking of the
uses of history in constitutional interpretation Fights over history are at the heart of most …

Church, State, and the New Mexico Civil Rights Act: How Litigants and Courts Can Invoke the State Constitution to Protect Establishments Clause Rights

MB Stambaugh, L Creech - NML Rev., 2024 - HeinOnline
The First Amendment's Free Exercise and Establishment Clausescollectively the" Religion
Clauses"-" express the view, foundational to our constitutional system, that religious beliefs …

Introductory Remarks: The Promise and Limits of State Constitutions

H Hershkoff - 2024 - papers.ssrn.com
Almost a half century since Justice William J. Brennan, Jr. delivered his 1977 Meiklejohn
Lecture, advocates once again are turning to state courts and state constitutions in the hope …

Ohio Constitutional Interpretation

JRP DeWine - 2024 - papers.ssrn.com
There has been a good deal written about why state courts should independently interpret
state constitutions. But not much on how they should do that. We shouldn't just assume that …

Pluralism in State Constitutional Law

ML Smith - 2024 - papers.ssrn.com
Debates over constitutional interpretation rage on—with most parties staking out preferred
theories, their justifications, and assertions of their utility in predicting, explaining, and …