With the merger of law and equity almost complete, the idea of equity as a special part of our
legal system or a mode of decisionmaking has fallen out of view. This Article argues that …

Law is fast globalizing as a field, and many lawyers, judges and political leaders are
engaged in a process of comparative" borrowing". But this new form of legal globalization …

Many in the United States fear that the country is living a precarious moment, and is
potentially in danger of democratic breakdown.'Constitutional democracy is in fact under …

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 …

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 …

In this Article, Professor Ken Gormley examines the evolution of privacy law in the United
States one hundred years after Samuel Warren and Louis Brandeis authored their seminal …

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 …

State supreme courts and the United States Supreme Court are the independent and final
arbiters of their respective constitutions, and may therefore take different approaches to …

States are not inviolable spheres of sovereignty. In our federal system, state courts can and
must interpret federal law and are consequently subject to Supreme Court review, 1 state …

In this year of celebration of the federal Constitution's 200th anniversary, we appropriately
also focus attention on the New York Constitution, adopted ten years earlier. Given that we …