Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

University at Buffalo School of Law

2003

Articles 1 - 3 of 3

Full-Text Articles in Law

Garrity V. New Jersey And Its Progeny: How Lower Courts Are Weakening The Strong Constitutional Protections Afforded Police Officers, Donald Wm. Driscoll Sep 2003

Garrity V. New Jersey And Its Progeny: How Lower Courts Are Weakening The Strong Constitutional Protections Afforded Police Officers, Donald Wm. Driscoll

Buffalo Public Interest Law Journal

No abstract provided.


State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner Jun 2003

State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner

Journal Articles

In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …


A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly Jan 2003

A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly

Journal Articles

No abstract provided.