All Articles tagged fundamental right

• Justice Commentaries
  May 11, 2023 EDT
  USE OF FORCE AND CRIMINALIZATION
  Terry Skolnik

  This Article argues that the two limiting principles that justify use of force—necessity and reasonableness—should equally apply to justify criminalization

• 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 17, 2021 EDT
  THE UNINTENDED CONSEQUENCES OF CHICKEN STEALING: SAME-SEX MARRIAGE AND THE PATH TO POLYGAMY
  Thomas D. Holland

  This article discusses how U.S. courts have dealt with plural marriage historically and how this issue may be resolved in the future.

• State Constitutional Commentary
  January 05, 2015 EDT
  NEW YORK STATE CONSTITUTIONAL LAW—TODAY UNQUESTIONABLY ACCEPTED AND APPLIED AS A VITAL AND ESSENTIAL PART OF NEW YORK JURISPRUDENCE
  Stewart F. Hancock Jr.

  This article discusses some of the cases that apply state constitutionalism to protect individual liberties.

• State Constitutional Commentary
  September 23, 2013 EDT
  THE VANGUARD OF EQUALITY: THE IOWA SUPREME COURT’S JOURNEY TO STAY AHEAD OF THE CURVE ON AN ARC BENDING TOWARDS JUSTICE
  Mark S. Cady

  This perspective outlines Iowa's history of protecting individual liberties more than the Federal Constitution.

• General
  August 08, 2007 EDT
  THE “ORDERED LIBERTY” OF SUBSTANTIVE DUE PROCESS AND THE FUTURE OF CONSTITUTIONAL LAW AS A RHETORICAL ART: VARIATIONS ON A THEME FROM JUSTICE CARDOZO IN THE UNITED STATES SUPREME COURT
  Howard J. Vogel

  This article states that law students are engaged in the study and development of skill in applied rhetoric.

• General
  August 08, 2007 EDT
  THE “ORDERED LIBERTY” OF SUBSTANTIVE DUE PROCESS AND THE FUTURE OF CONSTITUTIONAL LAW AS A RHETORICAL ART: VARIATIONS ON A THEME FROM JUSTICE CARDOZO IN THE UNITED STATES SUPREME COURT
  Howard J. Vogel

  This article states that law students are engaged in the study and development of skill in applied rhetoric.