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Full-Text Articles in Law

A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough Nov 2011

A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?, Sonja Seehusen Mar 2011

Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?, Sonja Seehusen

University of the District of Columbia Law Review

No abstract provided.


State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries Jan 2011

State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries

Law Faculty Scholarly Articles

As to education, the Louisiana Constitution contains the familiar general mandate for the establishment of a public school system, now ubiquitous among state constitutions. But unlike the founding documents of any of the other states, Louisiana's constitution also provides for a very specific process-based allocation of the responsibilities for determining appropriations levels in education from year to year.

It is well-known that state constitutions often treat numerous—sometimes trivial—subjects, or contain provisions that seem hyper-specific and statutory, rather than foundational and constitutional, and state constitutions have been roundly criticized (and sometimes defended) for these features. In this Article, I argue that …


Introduction, The Constitution Of The State Of Connecticut, Gary L. Rose Jan 2011

Introduction, The Constitution Of The State Of Connecticut, Gary L. Rose

Political Science & Global Affairs Faculty Publications

Gary Rose has written the introduction to The Constitution of the State of Connecticut, published by Sacred Heart University Press in 2011. This introduction outlines the history of the document drafted in "The Constitution State". The constitutional tradition can be traced to the Fundamental Orders of 1639, drafted by representatives from three Connecticut River towns. In 1662 the Fundamental Orders were replaced by a Royal Charter, formally recognizing Connecticut's system of self-government. Later, the Constitution of 1818 proved to be very effective and served the people of Connecticut until 1965, when a new constitution was again drafted and adopted. …


The Constitution Of The State Of Connecticut, Sacred Heart University Press Jan 2011

The Constitution Of The State Of Connecticut, Sacred Heart University Press

Sacred Heart University Press Books

Text of the Constitution of the State of Connecticut, including Preamble and Amendments to the Constitution. Preface by Deborah G. Stevenson, J.D. and Gary L. Rose, Ph.D.

The text of the Constitution is from the Secretary of the State of the State of Connecticut, Register Manual, Constitution of the State of Connecticut at < http://www.sots.ct.gov/sots/cwp/view.asp?A=3188&Q=392288 >


State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries Jan 2011

State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …