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State Constitutional Interpretation And Methodology, Rachel A. Van Cleave Jan 1998

State Constitutional Interpretation And Methodology, Rachel A. Van Cleave

Publications

The question of constitutional theory in state courts often results in a comparative analysis of the state and federal constitutions. Typically where a comparative analysis is used, the purpose is to support the authority of the state court to interpret the state document independently and to justify an interpretation and result that diverge from federal precedent. While this approach may add to the persuasiveness of the opinion, it does little to advance the role of state courts in the dialogue of constitutionalism. The critical tension in state constitutionalism is between the need to persuade critics that the state court is …


The Execution Of Search Warrants, H. Patrick Furman Jan 1998

The Execution Of Search Warrants, H. Patrick Furman

Publications

No abstract provided.


Cases Versus Theory, Richard B. Collins Jan 1998

Cases Versus Theory, Richard B. Collins

Publications

No abstract provided.


Authorizing Interpretation, Pierre Schlag Jan 1998

Authorizing Interpretation, Pierre Schlag

Publications

No abstract provided.


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Publications

No abstract provided.


Introduction: Symposium On Constitutional Elitism, Robert F. Nagel Jan 1998

Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

Publications

No abstract provided.


Judicial Supremacy And The Settlement Function, Robert F. Nagel Jan 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Publications

No abstract provided.


Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks Jan 1998

Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

Publications

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …