Add to ORKGAmericans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of incorporation doctrine and the nation’s mythic sense of shared constitutional commitment
This Essay excavates a forgotten way of thinking about the relationship between state and federal co...
Judge Jeffrey Sutton’s 51 Imperfect Solutions describes and celebrates the crucial role of state con...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Cour...
This Article focuses on the debate concerning state constitutional expansion of criminal-procedure p...
This Article focuses on the debate concerning state constitutional expansion of criminal-procedure p...
In contemporary rights jurisprudence and theory, the Fourteenth Amendment and the Federal Bill of Ri...
Although early state constitutions were important and ambitious documents for their time, the develo...
Despite their many differences, Americans have long been bound by a shared sense of federal constitu...
A vast body of constitutional law regulates the way that police investigate crimes and the way that ...
In the American legal order, constitutional rights are conventionally understood to apply to and res...
Courts and scholars have long sought to illuminate the relationship between state and federal consti...
The first area is the substantive criminal law, especially at the federal level. In the following pa...
A good deal of modern debate in constitutional law has concerned the appropriate methods for constru...
This paper examines the growing movement away from the functional nature of federalism contained wit...
This Essay excavates a forgotten way of thinking about the relationship between state and federal co...
Judge Jeffrey Sutton’s 51 Imperfect Solutions describes and celebrates the crucial role of state con...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Cour...
This Article focuses on the debate concerning state constitutional expansion of criminal-procedure p...
This Article focuses on the debate concerning state constitutional expansion of criminal-procedure p...
In contemporary rights jurisprudence and theory, the Fourteenth Amendment and the Federal Bill of Ri...
Although early state constitutions were important and ambitious documents for their time, the develo...
Despite their many differences, Americans have long been bound by a shared sense of federal constitu...
A vast body of constitutional law regulates the way that police investigate crimes and the way that ...
In the American legal order, constitutional rights are conventionally understood to apply to and res...
Courts and scholars have long sought to illuminate the relationship between state and federal consti...
The first area is the substantive criminal law, especially at the federal level. In the following pa...
A good deal of modern debate in constitutional law has concerned the appropriate methods for constru...
This paper examines the growing movement away from the functional nature of federalism contained wit...
This Essay excavates a forgotten way of thinking about the relationship between state and federal co...
Judge Jeffrey Sutton’s 51 Imperfect Solutions describes and celebrates the crucial role of state con...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...