NCJ Number
100584
Editor(s)
B D McGraw
Date Published
1985
Length
355 pages
Annotation
Eleven papers presented at the 1984 Williamsburg conference on developments in State constitutional law review general and specific aspects of the trend toward State courts' using State constitutional law to interpret rights paralleled in the U.S. Constitution.
Abstract
An historical perspective on State courts' use of State constitutional law distinguishes the spheres of the State and Federal constitutions and reviews the U.S. Supreme Court's decision in Michigan v. Long (1983), which delineates criteria for the U.S. Supreme Court's reviewing of State court cases having grounds in both State and Federal constitutions. A series of papers examines specific civil rights issues interpreted under State constitutional law, i.e., access to private property to engage in political speech, equal protection under the law, judicial review of State economic regulations, and land use regulation. One paper identifies trends in the creation and interpretation of State law bearing upon criminal procedure compared to the Burger Court's criminal procedure decisions, and another essay analyzes State constitutionalism since the passing of the Warren Court. A paper focuses on the place of the Washington State Declaration of Rights in the climate of the ''new federalism' that emphasizes the independence of State courts in interpreting State constitutions. A 318-item bibliography and chapter notes.