All Articles tagged constitutional interpretation

• General
  June 11, 2017 EDT
  JUDICIAL CONFIRMATION THROUGH THE LENS OF CONSTITUTIONAL INTERPRETIVE THEORY
  Aimee Brown

  This article looks to the role of theories of constitutional interpretation in the confirmation process.

• State Constitutional Commentary
  January 05, 2015 EDT
  DO PRECEDENTS TAKE PRECEDENCE? STARE DECISISAND OREGON CONSTITUTIONALISM
  Jack L. Landau

  This article argues that unbending adherence to stare decisis in state constitutional decision-making is unwise and untenable.

• State Constitutional Commentary
  September 23, 2013 EDT
  A JUDICIAL TRADITIONALIST CONFRONTS UNIQUE QUESTIONS OF STATE CONSTITUTIONAL LAW ADJUDICATION
  Robert P. Young Jr.

  This perspective illustrates how the Michigan Supreme Court has applied principles of constitutional interpretation in recent cases interpreting the direct democracy provisions of the Michigan Constitution.

• State Constitutional Commentary
  September 23, 2013 EDT
  IN THE BALANCE: THOUGHTS ON BALANCING AND ALTERNATIVE APPROACHES IN STATE CONSTITUTIONAL INTERPRETATION
  Thomas A. BalmerKatherine Thomas

  This essay examines two approaches to constitutional adjudication: one approach has been described as a “balancing” approach and the other approach may be called a “categorical” approach.

• General
  January 01, 2013 EDT
  CATHOLIC VALUES, HUMAN DIGNITY, AND THE MORAL LAW IN THE UNITED STATES SUPREME COURT: JUSTICE ANTHONY KENNEDY‘S APPROACH TO THE CONSTITUTION
  Anne Jelliff

  This paper approaches Kennedy as a person of faith and looks at the effect this faith has inevitably had on his legal philosophy and on his court decisions.

• State Constitutional Commentary
  November 11, 2011 EDT
  THE ONCE AND FUTURE CONSTITUTIONAL LAW: ON THE LAW OF AMERICAN STATE CONSTITUTIONS
  Lawrence Friedman

  This essay provides an overview of The Law of American State Constitutions and examines the value of independent state constitutionalism.

• General
  January 01, 2006 EDT
  REDEFINING DUE PROCESS ANALYSIS: JUSTICE ANTHONY M. KENNEDY AND THE CONCEPT OF EMERGENT RIGHTS
  Lisa K. Parshall

  This article argues that Justice Kennedy may be carving out a new category of rights that are entitled to the Court’s heightened solicitude.

• General
  January 01, 2006 EDT
  CONTEMPORARY FOREIGN AND INTERNATIONAL LAW IN CONSTITUTIONAL CONSTRUCTION
  John O. McGinnis

  Symposium remarks