State Constitutional Commentary
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Chief Judge Rowan Wilson and former Chief Judge Jonathan Lippman engage in a panel discussion on what it means to oversee New York State's Court of Appeals and court system.
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This Panel examined historical and current judicial selection methods of state supreme courts around the nation, noting the importance state high courts play in upholding democratic ideals.
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This Essay explores state courts as rights expositors/ protectors and democratic agents/representatives and seeks to reconcile the tension, concluding they are in fact harmonious manifestations of Brennanian and Brandeisian ideals.
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This Essay examines redistricting lawsuits before state high courts, focusing on partisan gerrymandering cases, an area that has fallen to state courts to police since the 2019 Rucho SCOTUS decision.
This Article examines the 1821 New York Constitution, the first to bring race into its fabric, and Martin Van Buren's role in the state's colonial background and constitutional tradition.
This Article traces the history of the Georgia Supreme Court and election of its justices, arguing that the current system produces a dynasty of jurists who are selected, not elected.
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This Article shows that ideological competition over selection methods continues in several states, which ostensibly provide supreme court elections, but in practice nearly always appoint their justices.
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This article examines the nature of increased emergency powers granted to governors during the COVID-19 pandemic in a state-by-state analysis.
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This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.
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This Article concludes that for the many state constitutions with separation of powers clauses the best construction is one that prohibits all forms of legislative dual service.
This Article aims to dive into the "free and equal" elections clause, with particular focus on its authorship and potential uses in the future over the battle of partisan gerrymandering.
This Article explores the constitutional foundation and tradition of judicial federalism: the ability of state high courts to reject the Supreme Court’s treatment of civil rights and liberties.