Equality and Liberty in the Golden Age of State Constitutional Law

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Oxford University Press, Apr 14, 2008 - Law - 296 pages
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The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.
 

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Contents

Equality
1
Classifications
45
Rights and Privileges
79
The Right of Privacy
121
Family Rights
163
Civil Unions and Marriage
185
The Right of Intimate Association
211
The Right of Bodily Integrity
229
Backlash and Advancement
243
Table of Cases
255
Index
267
Copyright

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About the author (2008)

Jeffrey M. Shaman is Vincent de Paul Professor of Law at DePaul University where he has been a member of the faculty since 1973. Professor Shaman teaches constitutional law, state constitutional law, and a senior research seminar on freedom of speech. He also has taught courses on judicial ethics, federal courts, civil procedure, and psychiatry and law.

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