The failed discourse of state constitutionalism

JA Gardner - Michigan Law Review, 1992 - JSTOR
Fifteen years ago, Justice William Brennan wrote an article in which he called upon state
courts to" step into the breach" left by what Brennan perceived to be the US Supreme Court's …

The Bill of Rights and the states: The revival of state constitutions as guardians of individual rights

WJ Brennan Jr - NyuL rev., 1986 - HeinOnline
Focusing on the series of decisions he calls the most important of the Warren era, Justice
Brennan traces the development of the Fourteenth Amendment as a vehicle to bind the …

Criminal Law and State Constitutions: The Emergence of State Constitutional Law

SS Abrahamson - Tex. L. Rev., 1984 - HeinOnline
The popular view is that our country tolerates-indeed fosters--diversity as a societal virtue,
and that this tolerance extends to the field of constitutional law. In 1932, Justice Brandeis …

Vested Rights, Vestedness, and Choice of Law

P Dane - Yale LJ, 1986 - HeinOnline
VI. CONCLUSION 1274 The choice of law revolution is under attack.'In a familiar pattern,
once-new critiques have become old verities, and are now themselves ripe for …

The Concept of the Supremacy of the Constitution

J Limbach - The Modern Law Review, 2001 - Wiley Online Library
The Concept of the Supremacy of the Constitution Page 1 THE MODERN LAW REVIEW Volume
64 No 1 January 2001 The Concept of the Supremacy of the Constitution Jutta Limbach* The …

Adequate and Independent State Grounds as a Means of Balancing the Relationship Between State and Federal Courts

SG Pollock - Tex. L. Rev., 1984 - HeinOnline
A fundamental premise of the relationship between state and federal courts is that the courts
in the two judicial systems share the responsibility for the protection of constitutional rights …

In the Glare of the Supreme Court: Continuing Methodology and Legitimacy Problems in Independent State Constitutional Rights Adjudication

RF Williams - Notre Dame L. Rev., 1996 - HeinOnline
The right question is not whether a state's guarantee is the same as or broader than its
federal counterpart as interpreted by the Supreme Court. The right question is what the …

State Courts and the strategic space between the norms and rules of constitutional law

LG Sager - Tex. L. Rev., 1984 - HeinOnline
These introductory observations focus on a theme common and crucial to many of the
papers in this symposium. I have in mind the inevitable question: to what extent, if any …

Constitutional dimensions of predictive algorithms in criminal justice

M Brenner, JS Gersen, M Haley, M Lin, A Merchant… - Harv. CR-CLL …, 2020 - HeinOnline
Artificial intelligence and algorithmic tools are rapidly becoming embedded in our criminal
justice system. These risk-assessment tools are used in key stages of the criminal process …

Dark Side of State Court Activism

EM Maltz - Tex. L. Rev., 1984 - HeinOnline
Discussions of state constitutional law too often focus on the relationship between the United
States Supreme Court and its state counterparts. The arguments center on the question of …