Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Baker v. State (2)
- Common Benefits Clause (2)
- Constitutional Rights (2)
- Constitutional jurisprudence (2)
- Constitutional scholarship (2)
-
- Law school curriculum (2)
- New Judicial Federalism (2)
- Same-sex marriage (2)
- Vermont (2)
- Civil Law (1)
- Civil Rights (1)
- Civil rights (1)
- Constitutional Law (1)
- Individual liberty (1)
- Jurisprudence (1)
- Law and Society (1)
- Legal Analysis and Writing (1)
- Legal Education (1)
- Legal History (1)
- Legislation (1)
- Lemuel Shaw (1)
- Massachusetts Declaration of Rights (1)
- Politics (1)
- Public Law and Legal Theory (1)
- Sexuality and the Law (1)
- Supreme judicial court (1)
- United States Supreme Court (1)
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …