Topic
State Constitutional Law
Posts
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ArticleVol. 102 · Iss. 6
Democratic Change, Fast and Slow: Navigating Tensions in Pro-Abortion Organizing
Minor v. Happersett rejected a vision of robust constitutional protection for “privileges and immunities” of national citizenship and consigned vital rights to state political…
Kathryn Abrams -
NoteVol. 102 · Iss. 5
Varying Scrutiny and Constitutional Incompatibility in New York Mortgage Law
Home ownership is inextricably tied with the fulfillment of the American Dream. Reaching this lofty goal entails a tantamount commitment: Mortgages are on average…
David Dill -
CommentaryVol. 102 · Iss. 5
Grants Pass and the Pathology of the Criminal Law
Last Term, the Supreme Court held that cities may, consistent with the Eighth Amendment, criminalize sleeping in public, even for people who have no…
Ben A. McJunkin -
CommentaryVol. 88 · Iss. 4
Constitutional Rights and Judicial Independence: Lessons from Iowa
As was true across the country, the elections held in Iowa this past November were tough on incumbents. In Iowa, however, it was not…
Ian Bartrum -
NoteVol. 88 · Iss. 4
Using Litigation to Address Violence in Urban Public Schools
It is well recognized that America is facing a crisis in public education. Nationwide, black and Latino students suffer from an achievement gap compared…
Michelle Parthum -
ArticleVol. 94 · Iss. 2
Averting Educational Crisis: Funding Cuts, Teacher Shortages, and the Dwindling Commitment to Public Education
Recent data shows that two-thirds of states are funding education at lower levels than in 2008. Some states are 20% or more below levels…
Derek W. Black -
ArticleVol. 94 · Iss. 1
The Contours of Constitutional Approval
Scholars and judges agree on the importance of constitutional approval—that is, people’s subjective support for their constitution. The Supreme Court has asserted that it…
Nicholas O. Stephanopoulos & Mila Versteeg -
NoteVol. 95 · Iss. 1
Drawing the Line on Legislative Privilege: Interpreting State Speech or Debate Clauses in Redistricting Litigation
The United States Constitution and forty-three state constitutions include a Speech or Debate Clause granting legislators a legal privilege for their legislative work. Although…
J. Pierce Lamberson -
ArticleVol. 96 · Iss. 5
Eviscerating a Healthy Church-State Separation
In its recent ruling in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court took an extraordinary step in a remarkably…
Erwin Chemerinsky & Barry P. McDonald -
ArticleVol. 92 · Iss. 3
Gayffirmative Action: The Constitutionality of Sexual Orientation-Based Affirmative Action Policies
Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based equal protection cases. That principle requires courts to apply the…
Peter Nicolas -
ArticleVol. 91 · Iss. 4
From Cautionary Example to “City on a Hill”: Revitalizing Saint Louis May Require an Innovative Regional Taxation Model
To grasp the depth of the challenges facing many American metropolitan areas (“metros”) today, it is necessary to consider these metros in the context…
David Libonn -
ArticleVol. 97 · Iss. 4
How Do Judges Decide School Finance Cases?
There is an old riddle that asks, what do constitutional school funding lawsuits and birds have in common? The answer: every state has its…
Ethan Hutt, Daniel Klasik & Aaron Tang