Positive rights and state constitutions: the limits of federal rationality review
Article Abstract:
The reliance of the state courts on federal rationality review with respect to state constitutional guarantees to welfare are misplaced. State judicial review should be allowed to act with more fidelity to state constitutional forms, which often contain provisions not addressed in the federal Constitution, such as public obligation, private autonomy, and government ordering. The test of state welfare law under a state constitution should reflect specific state circumstances, not merely whether the law itself is within the bounds of state power.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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Interpretation and authority in state constitutionalism
Article Abstract:
State constitutionalism should be based on the diversity of interpretations by state courts rather than on reliance on unique state sources of law. Michigan v Long provides a formula which can be used by state courts to preclude federal court review. This should allow state courts to use federal as well as state sources in arriving at their decisions, which should encourage a freer interpretive exchange among state and federal courts.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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Too sovereign but not sovereign enough: are U.S. states beyond the reach of the law of nations?
Article Abstract:
The author discusses means the US federal government can use to ensure state compliance with international obligations in light of the Angel Breard and Karl and Walter LaGrand cases.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2003
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- Abstracts: The limits of choice: school choice reform and state constitutional guarantees of educational quality. A critique of the Bush education proposal
- Abstracts: Disputing distributions in a shrinking commons: the case of drought in California. This bird has flown: the uncertain fate of wildlife on closed military bases
- Abstracts: Reasonable doubt: an argument against definition. Mens rea in federal criminal law. Winship on rough waters: the erosion of the reasonable doubt standard