In the Education Culture War, Don’t Overlook State Constitutions
State provisions that commit states to ensuring democratic citizenship through education are promising tools to challenge illiberal education measures.
Contributors
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The Oldest State Court Makes a Case for Embracing Change
Massachusetts’s high court rejected the U.S. Supreme Court’s narrow approach to determining fundamental rights in favor of a comprehensive analysis that considers evolving equality norms. -
Using State Constitutional Protections to Improve Life Behind Bars
Rulings in Oregon and Utah offer a road map for other state courts. -
Applying Federal Constitutional Theories to State Constitutions
Judges should reject calls to embrace a single method of constitutional interpretation. -
‘Black Power’ and the Year that Changed the Civil Rights Movement
In 1966, a dramatic challenge arose against the nonviolent philosophy of Martin Luther King Jr. and John Lewis. -
Getting Comparative Law Right in State Courts
The Supreme Court used flawed legal comparisons in overturning Roe v. Wade. Looking forward, state judges must take context into account when engaging with other countries’ abortion laws. -
What Happens When State and Local Laws Conflict
Cases involving abortion, gun control, and public health pivoted on state preemption standards. -
Get to Know Your State’s ‘Baby Ninth Amendment’
State constitutions offer protections for unenumerated rights, but courts rarely act on those provisions. -
Beyond the Era of Punitive Excess
Reckoning with our overreliance on excessive punishment requires a commitment to truth-telling. -
Countering Excessive Punishment with Chances for Redemption
A personal story shows the full costs of an unfair system and demonstrates how it can be improved.
Pagination
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