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Articles 1 - 3 of 3
Full-Text Articles in Law
Building The Canon Of Utah Constitutional Law: Lessons From The Utah Public Interest Standing Doctrine, Jordan Dez
Building The Canon Of Utah Constitutional Law: Lessons From The Utah Public Interest Standing Doctrine, Jordan Dez
Utah Law Review
In the current era of Utah constitutional case law, the legal community will have to be creative—and even deviceful—to piece together compelling briefs to argue cases under the Utah Constitution. In contrast to the early days of New Judicial Federalism where the court introduced new interpretations into the Utah constitutional dialogue from nothing more than a party’s citation to sister state law, sophisticated briefing is now necessary to succeed on a Utah Constitutional claim. Even where there is little case law or unfavorable prior precedents, practitioners may still find success by raising arguments grounded in the text of the Utah …
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …