Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Law Faculty Research Publications
Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.
The Michigan Supreme Court, Stare Decisis, And Overruling The Overrulings, Robert A. Sedler
The Michigan Supreme Court, Stare Decisis, And Overruling The Overrulings, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Voter Fraud Or Voter Defrauded? Highlighting An Inconsistent Consideration Of Election Fraud, Jocelyn Friedrichs Benson
Voter Fraud Or Voter Defrauded? Highlighting An Inconsistent Consideration Of Election Fraud, Jocelyn Friedrichs Benson
Law Faculty Research Publications
This Article seeks to highlight the collateral effect of several inconsistent recent federal court decisions that consider a state's interest in addressing the impact of fraud on the electoral process. In an effort to evaluate the impact of varying types of election-related fraud on the political process, I propose that courts view the concept with a focus on (1) the entity that commits the deceptive acts and (2) the effect those acts have on the democratic process. Evaluating recent opinions through this lens illustrates that federal courts are more likely to exhibit deference to a state's interest in limiting avenues …
Are State Constitutions Un-American?, Justin R. Long
Are State Constitutions Un-American?, Justin R. Long
Law Faculty Research Publications
No abstract provided.