Curing "constitutional amnesia": criminal procedure under state constitutions

Article Abstract:

State courts have not followed US Supreme Court rulings in several criminal cases because they followed their own precedents rather than adhere to the Supreme Court's changing moods. The state courts acted without regard to conservative or liberal doctrines but toward maintaining clarity and stability in their own criminal laws. State constitutionalism, therefore, represented the states abiding by core constitutional principles that reflect US legal traditions.

United States, Analysis, Interpretation and construction, Comparative analysis, Constitutional law, Civil rights, Constitutions, State, State constitutions, Criminal jurisdiction

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Rights without remedies: Section 1983 enforcement of Title IV-D of the Social Security Act

Article Abstract:

Private actions should be allowed under Section 1983 to enforce Title IV-D of the Social Security Act, according to which states must provide services for child support enforcement to receive funding under the Aid to Families with Dependent Children program. Title IV-D meets the criteria used by the US Supreme Court for Section 1983 enforcement in that the statute creates enforceable rights and does not include a comprehensive remedial scheme.

Constitutional torts, Child support, United States. Office of Family Assistance. Aid to Families with Dependent Children Program

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