Add to ORKGNotwithstanding that the new judicial federalism is no longer new, the question remains whether there is a legitimate basis for state supreme courts to interpret provisions of state constitutions that parallel provisions of the United States Constitution differently than the United States Supreme Court has interpreted the latter. The Author suggests that the interpretation of cognate state constitutional provisions by state court is institutionally legitimate and normatively desirable within the framework of federalism. The legitimacy of the practice is supported by the constitutional value of dialogue - that is, the value that attaches to discourse about law and governance when that discourse occurs between and among the various organs of ...
Courts and scholars have long sought to illuminate the relationship between state and federal consti...
Bettman analyzes Ohio Supreme Court decisions construing the Speech, Press, Search and Seizure, Free...
In the American constitutional tradition, federalism is commonly understood as a mechanism designed ...
Notwithstanding that the new judicial federalism is no longer new, the question remains whether ther...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
The question of constitutional theory in state courts often results in a comparative analysis of the...
Today, I believe, we find ourselves at an interesting crossroads. Over the past few decades, under t...
State supreme courts occasionally rely on the provisions of their own state constitutions to expand ...
State supreme courts occasionally rely on the provisions of their own state constitutions to expand ...
This Commentary argues that the Court decided New York v. United States incorrectly. The Court faile...
The reader will find in what follows in this symposium on the Washington Constitution a splendid sam...
In 1977, Justice Brennan delivered his now famous plea for a renaissance in state constitutionalism....
A good deal of modern debate in constitutional law has concerned the appropriate methods for constru...
This article argues that most normative legal scholarship regarding the role of judicial review rest...
Several years ago, I published an overly long article entitled \u27\u27OJ Sovereignty and Federalism...
Courts and scholars have long sought to illuminate the relationship between state and federal consti...
Bettman analyzes Ohio Supreme Court decisions construing the Speech, Press, Search and Seizure, Free...
In the American constitutional tradition, federalism is commonly understood as a mechanism designed ...
Notwithstanding that the new judicial federalism is no longer new, the question remains whether ther...
In a famous 1977 article, Justice William Brennan called on state courts to interpret the individual...
The question of constitutional theory in state courts often results in a comparative analysis of the...
Today, I believe, we find ourselves at an interesting crossroads. Over the past few decades, under t...
State supreme courts occasionally rely on the provisions of their own state constitutions to expand ...
State supreme courts occasionally rely on the provisions of their own state constitutions to expand ...
This Commentary argues that the Court decided New York v. United States incorrectly. The Court faile...
The reader will find in what follows in this symposium on the Washington Constitution a splendid sam...
In 1977, Justice Brennan delivered his now famous plea for a renaissance in state constitutionalism....
A good deal of modern debate in constitutional law has concerned the appropriate methods for constru...
This article argues that most normative legal scholarship regarding the role of judicial review rest...
Several years ago, I published an overly long article entitled \u27\u27OJ Sovereignty and Federalism...
Courts and scholars have long sought to illuminate the relationship between state and federal consti...
Bettman analyzes Ohio Supreme Court decisions construing the Speech, Press, Search and Seizure, Free...
In the American constitutional tradition, federalism is commonly understood as a mechanism designed ...