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 …
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 …
Brennan, Jr. sounded the battle cry for the birth of the" New Federalism." Characterizing …
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 …
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 …
courts around the world, which made their appearance in early twentieth-century …
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 …
the past commonly prosecuted federal claims in federal court and appended state claims in …
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 …
cutting edge of constitutional law. Section 1983 provides an avenue into federal courts for …
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 …
particularity a plaintiff must meet to satisfy the requirement of Federal Rule of Civil Procedure …
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 …
only3 against the County of Alameda, the sheriff and several deputies, claiming they were …
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 …
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 …
federal counterpart as interpreted by the Supreme Court. The right question is what the …