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Full-Text Articles in Law
State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter
State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter
Faculty Scholarship
State constitutional law is in the spotlight. As federal courts retrench on abortion, democracy, and more, state constitutions are defining rights across the nation. Despite intermittent calls for greater attention to state constitutional theory, neither scholars nor courts have provided a comprehensive account of state constitutional rights or a coherent framework for their adjudication. Instead, many state courts import federal interpretive practices that bear little relationship to state constitutions or institutions.
This Article seeks to begin a new conversation about state constitutional adjudication. It first shows how in myriad defining ways state constitutions differ from the U.S. Constitution: They protect …
Administrative Harms, Philip A. Hamburger
Administrative Harms, Philip A. Hamburger
Faculty Scholarship
Administrative power imposes serious wounds on the United States, its Constitution, and its citizens. Therefore, a persuasive defense of administrative power would need to respond to these harms, showing that it is constitutional and otherwise desirable, notwithstanding its many costs. If the administrative state is defensible, it will be necessary to wrestle with all of the damage it incurs.