All Articles tagged state constitutional interpretation

• State Constitutional Commentary
  January 05, 2015 EDT
  DO PRECEDENTS TAKE PRECEDENCE? STARE DECISISAND OREGON CONSTITUTIONALISM
  Jack L. Landau

  This article argues that unbending adherence to stare decisis in state constitutional decision-making is unwise and untenable.

• State Constitutional Commentary
  September 23, 2013 EDT
  IN THE BALANCE: THOUGHTS ON BALANCING AND ALTERNATIVE APPROACHES IN STATE CONSTITUTIONAL INTERPRETATION
  Thomas A. BalmerKatherine Thomas

  This essay examines two approaches to constitutional adjudication: one approach has been described as a “balancing” approach and the other approach may be called a “categorical” approach.

• 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.