All Articles tagged federalism

• State Constitutional Commentary
  August 28, 2023 EDT
  STATE CONSTITUTIONS AND PRIVILEGES OR IMMUNITIES
  John L. Rockenbach

  This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.

• Justice Commentaries
  June 15, 2023 EDT
  THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
  John Crain

  This article suggests a new way to view the injury to the crime victim in a discriminatory decision not to prosecute, and a new way to redress that injury.

• State Constitutional Commentary
  December 15, 2022 EDT
  SUPREME STATE COURTS: PROTECTING RIGHTS & LIBERTIES DESPITE THE SUPREME COURT
  Vincent M. BonventreTori L. DeyoMatthew T. Skinner

  This Article explores the constitutional foundation and tradition of judicial federalism: the ability of state high courts to reject the Supreme Court’s treatment of civil rights and liberties.

• General
  February 03, 2021 EDT
  JACOBSON 2.0: POLICE POWER IN THE TIME OF COVID-19
  James R. Steiner-DillonElisabeth J. Ryan

  Only by updating the Jacobson doctrine to incorporate contemporary constitutional norms can the constitutional law of public health resolve the tension between individual rights and communal health.

• State Constitutional Commentary
  September 13, 2019 EDT
  A CONSTELLATION OF CONSTITUTIONS: DISCOVERING & EMBRACING STATE CONSTITUTIONS AS GUARDIANS OF CIVIL LIBERTIES
  Loretta H. RushMarie Forney Miller

  This article offers ways the bench, bar, and academy can embrace state constitutional law and appreciate the constellation of state constitutions that can shine as a result.

• State Constitutional Commentary
  October 12, 2018 EDT
  STATE-FEDERAL JUDICIAL COUNCIL CLE PROGRAM: SYMPOSIUM IN HONOR OF CHIEF JUDGE JUDITH S. KAYE–STATE CONSTITUTIONAL ISSUES
  Albany Law Review

  These remarks recount the importance Chief Judge Kaye placed on utilizing state constitutions in deciding cases.

• State Constitutional Commentary
  October 12, 2018 EDT
  STATE-FEDERAL JUDICIAL COUNCIL CLE PROGRAM: SYMPOSIUM IN HONOR OF CHIEF JUDGE JUDITH S. KAYE–STATE CONSTITUTIONAL ISSUES
  Albany Law Review

  These remarks demonstrate the importance of utilizing state constitutional principles when advocating and deciding cases.

• State Constitutional Commentary
  December 13, 2017 EDT
  LINDE’S LEGACY: THE TRIUMPH OF OREGON STATE CONSTITUTIONAL LAW, 1970-2000
  Richard S. Price

  Instead of building a new, independent state constitutional law, state supreme courts still rely primarily on federal doctrine with only occasional state decisions offered on an ad hoc basis.

• State Constitutional Commentary
  May 08, 2017 EDT
  GONE WITH THE WIND: STATE PREEMPTIVE POWER
  Steven Ferrey

  This article analyzes how the federalist United States system of law, melded with state constitutional law, regulates and controls the siting of new renewable energy resources.

• State Constitutional Commentary
  December 02, 2015 EDT
  LAWYERS NEED LAW: JUDICIAL FEDERALISM, STATE COURTS, AND LAWYERS IN SEARCH AND SEIZURE CASES
  Richard S. Price

  This article explores how lawyers have contributed to the development of state constitutional rights law in the search and seizure context.

• State Constitutional Commentary
  December 02, 2015 EDT
  CONSTRAINED BEHAVIOR: UNDERSTANDING THE ENTRENCHMENT OF LEGISLATIVE PROCEDURE IN AMERICAN STATE CONSTITUTIONAL LAW
  Nancy Martorano MillerKeith E. HammRonald D. Hedlund

  This study presents a quantitative measure of constitutional restrictiveness and explores the variation in this measure across the fifty state legislatures and the U.S. Congress.

• State Constitutional Commentary
  December 02, 2015 EDT
  STATE SUPREME COURTS AND SHARED NETWORKING: THE DIFFUSION OF EDUCATION POLICY
  Shane A. GleasonRobert M. Howard

  This study extends both the interdependent assumptions of social network analysis and the policy diffusion literatures to state supreme courts by examining education policy diffusion.

• General
  March 23, 2015 EDT
  NEW YORK STATE AND THE NEW YORK SAFE ACT: A CASE STUDY IN STRICT GUN LAWS
  Robert J. Spitzer

  This article examines the case of New York—a state that has long been in the forefront of tougher gun laws, and that has, in the minds of some, become a...

• State Constitutional Commentary
  January 05, 2015 EDT
  REALIGNING THE CONSTITUTIONAL PENDULUM
  Myron T. SteelePeter I. Tsoflias

  This article argues that federal courts, through their broad interpretation of the federal Constitution, have deleteriously altered the power equilibrium.

• State Constitutional Commentary
  January 05, 2015 EDT
  “OUR CONSTITUTION, OUR PRECEDENTS, AND [OUR] OWN BEST HUMAN JUDGMENTS:” A SURVEY OF FREE EXERCISE STATE CONSTITUTIONAL INTERPRETATION IN THE WAKE OF OREGON V. SMITH.
  Robert McIver

  It is the purpose of this article to articulate the state of state constitutional protections for free exercise of religion after Oregon v. Smith.

• New York Appeals
  March 03, 2012 EDT
  FEDERALISM IS ALIVE AND WELL AND LIVING IN NEW YORK
  Sol Wachtler

  This lecture describes the issues the issue of federal courts interpreting state law and interjurisdictional certification.

• State Constitutional Commentary
  November 11, 2011 EDT
  CONTEMPORARY ASSERTIONS OF STATE SOVEREIGNTY AND THE SAFEGUARDS OF AMERICAN FEDERALISM
  John Dinan

  State challenges to federal law can contribute to the safeguarding of federalism principles.

• State Constitutional Commentary
  November 11, 2011 EDT
  THE ONCE AND FUTURE CONSTITUTIONAL LAW: ON THE LAW OF AMERICAN STATE CONSTITUTIONS
  Lawrence Friedman

  This essay provides an overview of The Law of American State Constitutions and examines the value of independent state constitutionalism.

• General
  May 08, 2009 EDT
  HOW FAR IS TOO FAR?: THE SPENDING CLAUSE, THE TENTH AMENDMENT, AND THE EDUCATION STATE’S BATTLE AGAINST UNFUNDED MANDATES
  Michael J. Pendell

  This article analyzes the State of Connecticut’s decision to bring an action against the United States government for the unfunded mandates associated with NCLB.

• State Constitutional Commentary
  May 05, 2007 EDT
  A DECISION TREE TAKES ROOT IN THE LAND OF 10,000 LAKES: MINNESOTA’S APPROACH TO PROTECTING INDIVIDUAL RIGHTS UNDER BOTH THE UNITED STATES AND MINNESOTA CONSTITUTIONS
  Paul H. AndersonJulie A. Oseid

  This article concludes that Minnesota’s decision tree could serve as a model for other state courts seeking a middle-ground approach that promotes uniformity and harmony.