New Frontiers of State Constitutional Law: Dual Enforcement of Norms by James A. GardnerNew Frontiers of State Constitutional Law: Dual Enforcement of Norms by James A. Gardner

New Frontiers of State Constitutional Law: Dual Enforcement of Norms

EditorJames A. Gardner, Jim Rossi

Hardcover | December 27, 2010

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New Frontiers of State Constitutional Law: Dual Enforcement of Norms, edited by James A. Gardner and Jim Rossi, projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnationalsystems of constitutional law. This work charts a new course that gives voice to a recent, rising chorus of dissent among scholars and judges, namely that national and subnational systems of constitutional law cannot be adequately understood in isolation from one another. To the contrary, they arelinked in a web of jurisprudential, social, and pragmatic connections structured by the American system of federalism. Here, multiple layers of constitutional law function together in a complex, interdependent process in which constitutional norms are developed, articulated, and enforced. The essays illuminate the role that state constitutions must play in any theory of federalism, and exemplify a fresh approach to state constitutionalism by discussing a range of issues, including recent debates regarding state constitutional protections for same-sex marriage.The entire work embraces the struggle between state and national power for dominance in American law and places both on equal ground. It contends that constitutional meaning in a federal system is never static and that it evolves over time. In addition to covering methods of judicial review, itdiscusses the handling of constitutional claims by courts at the state and national level and closely examines the way that courts and constitutions protect individual rights in a federal system.
James A. Gardner is Vice Dean for Academic Affairs and Joseph W. Belluck and Laura L. Aswad Professor of Civil Justice at the University at Buffalo Law School, State University of New York, where he also directs the Edwin F. Jaeckle Center for State and Local Democracy. He is the author of: Of Interpreting State Constitutions: A Juri...
Title:New Frontiers of State Constitutional Law: Dual Enforcement of NormsFormat:HardcoverDimensions:200 pages, 9.25 × 6.12 × 0.98 inPublished:December 27, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195368320

ISBN - 13:9780195368321

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Table of Contents

1. Dual Enforcement of Constitutional Norms2. Cool Federalism and the Life-Cycle of Moral Progress3. "States of the Same Nature": Bounded Variation in Subfederal Constitutionalism4. Why Federalism and Constitutional Positivism Don't Mix5. State Constitutionalism and the Scope of Judicial Review6. Same-Sex Marriage and the New Judicial Federalism: Why State Courts Should Not Consider Out-of-State Backlash7. Enforcement of Rights in a Post-Erie World8. Dual Constitutions and Constitutional Duels9. State Common Law and the Dual Enforcement of Constitutional NormsIndex