Document Type
Article
Publication Date
2003
Abstract
The dominant theme in the resurgent state constitutional jurisprudence of the last quarter-century has been the effort of many scholars and jurists to find in state constitutions a progressive alternative to the conservative turn federal constitutional doctrine has taken in the Burger and Rehnquist eras. Following the tone set by Justice William Brennan's path-breaking 1977 article in the Harvard Law Review, the state constitutional law literature has sought a more expansive protection of civil liberties through state constitutional provisions dealing with criminal law and procedure, freedom of expression, and equality, and to ground positive rights to public services in state constitutional measures dealing with such affirmative governmental duties as education, welfare, and housing.
Disciplines
Constitutional Law | Law
Recommended Citation
Richard Briffault,
The Disfavored Constitution: State Fiscal Limits and State Constitutional Law,
34
Rutgers L. J.
907
(2003).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/3048