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The Unexceptionalism Of Evolving Standards, Corinna Barrett Lain

Corinna Lain

Conventional wisdom is that outside the Eighth Amendment context, the Supreme Court does not engage in the sort of explicitly majoritarian state nose-counting for which the “evolving standards of decency” doctrine is famous. Yet this impression is simply inaccurate. Across a stunning variety of civil liberties contexts, the Court routinely—and explicitly—bases constitutional protection on whether a majority of states agree with it. This Article examines the Supreme Court’s reliance on the majority position of the states to identify constitutional norms, then turns to the qualifications, explanations, and implications of state polling as a larger doctrinal phenomenon. While the past few …

Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini

Brian Gallini

Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini

Brian Gallini