While the Warren Court\u27s expansion of selective incorporation made individual rights more uniform across the country, the coming of the Burger and Rehnquist Courts has meant that more responsibility has shifted to the state high courts to determine the bounds of civil liberties protections within their own states. This dissertation explores factors lying behind the development of state constitutional civil liberties. My primary goal is to uncover factors encouraging state high courts to construe state constitutional liberties protections more expansively from the rights provided under federal constitutional law. I draw from literature on judicial behavior and public policy to develop hypotheses indicating that three types of factors (leg...
There is an uncertainty abroad in the land. At its root, to speak boldly, lies the fear that the fat...
This dissertation examines the Supreme Court's impact on the constitutional development of the feder...
Since the nineteenth century, most states have had constitutional clauses prohibiting “special laws....
While the Warren Court\u27s expansion of selective incorporation made individual rights more uniform...
The long-term security of civil liberties in the United States must in the end depend upon the spiri...
State supreme courts occasionally rely on the provisions of their own state constitutions to expand ...
Dismayed over the increasing conservatism of the U.S. Supreme Court, state judges, lawyers, and scho...
This essay is an attempt to analyze, for the non-American reader especially, some of the factors tha...
This is the latest in Professor Currie\u27s continuing series on the historical development of const...
The evolution of the enforcement of First Amendment guarantees under the aegis of the Fourteenth is ...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
We are about to observe the fortieth anniversary of the publication of a seminal law review article:...
This Article focuses on the debate concerning state constitutional expansion of criminal-procedure p...
Questions about the efficacy of the Bill of Rights cry out for serious comparative legal scholarship...
We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court...
There is an uncertainty abroad in the land. At its root, to speak boldly, lies the fear that the fat...
This dissertation examines the Supreme Court's impact on the constitutional development of the feder...
Since the nineteenth century, most states have had constitutional clauses prohibiting “special laws....
While the Warren Court\u27s expansion of selective incorporation made individual rights more uniform...
The long-term security of civil liberties in the United States must in the end depend upon the spiri...
State supreme courts occasionally rely on the provisions of their own state constitutions to expand ...
Dismayed over the increasing conservatism of the U.S. Supreme Court, state judges, lawyers, and scho...
This essay is an attempt to analyze, for the non-American reader especially, some of the factors tha...
This is the latest in Professor Currie\u27s continuing series on the historical development of const...
The evolution of the enforcement of First Amendment guarantees under the aegis of the Fourteenth is ...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
We are about to observe the fortieth anniversary of the publication of a seminal law review article:...
This Article focuses on the debate concerning state constitutional expansion of criminal-procedure p...
Questions about the efficacy of the Bill of Rights cry out for serious comparative legal scholarship...
We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court...
There is an uncertainty abroad in the land. At its root, to speak boldly, lies the fear that the fat...
This dissertation examines the Supreme Court's impact on the constitutional development of the feder...
Since the nineteenth century, most states have had constitutional clauses prohibiting “special laws....