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Selected Works

Jonathan Marshfield

Tribute

Articles 1 - 2 of 2

Full-Text Articles in Law

Authorizing Subnational Constitutions In Transitional Federal States: South Africa, Democracy, And The Kwazulu- Natal Constitution, Jonathan Marshfield Dec 2007

Authorizing Subnational Constitutions In Transitional Federal States: South Africa, Democracy, And The Kwazulu- Natal Constitution, Jonathan Marshfield

Jonathan Marshfield

Not all federal systems permit their constituent units to adopt constitutions. This Article considers whether, and under what circumstances, subnational constitutions tend to contribute to the volatility or stability of their respective federal systems. By examining the role that subnational constitutions played in South Africa’s celebrated democratization, this Article observes that a transitional federal state can increase its flexibility and adaptability by merely authorizing subnational constitutions. The Article concludes that federal systems, particularly those undergoing fundamental change, can be better equipped to manage regime-threatening conflicts and perpetuate a democratic political culture if they permit constituent units to adopt constitutions.


A Tribute To Chief Justice James R. Zazzali: More Than A "Caretaker", Jonathan Marshfield Dec 2006

A Tribute To Chief Justice James R. Zazzali: More Than A "Caretaker", Jonathan Marshfield

Jonathan Marshfield

Chief Justice Zazzali's career reveals a dedication to public service and an unyielding sympathy for the disadvantaged. Accordingly, this Tribute examines his impact on New Jersey civil law and seeks to honor both the man and his jurisprudence. Although his tenure on the Supreme Court of New Jersey lasted only seven years, and his time as Chief Justice only nine months, his impact was meaningful. His clear and accessible opinions consistently protected the state's children from myriad harms including negligent educators, harassing classmates, and tortfeasing businesses. In the area of tort law, Chief Justice Zazzali was willing to incrementally expand …