Equality and Liberty in the Golden Age of State Constitutional Law

Equality and Liberty in the Golden Age of State Constitutional Law

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In Equality and Liberty in the Golden Age of State Constitutional Law, Jeffrey Shaman closely examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of New Judicial Federalism has allowed many states to rediscover their own empowerment in enacting their own constitutions. As the New Judicial Federalism gained ground, it was found to be that state constitutional law is an extremely important source for the protection of individual rights and liberties. These state constitutions can be interpreted however the state sees fit, and act independently of federal constitutional law. Shaman explains that this rise has caused these states to recognize individual civil rights or liberties beyond those recognized under the Federal Constitution. Professor Shaman emphasizes how important state constitutional law is in the protection of the rights of the individual. Since these states are acting under their own constitutional law and guidance, their constitutions provide an extension of the individual's rights to privacy, civil rights, and liberties. State courts and constitutions have also pioneered a trend in recognizing and expanding abortion rights and some have granted rights to same-sex civil unions, and in some states, same-sex marriages. This trend eventually caught the attention of the U.S. Supreme Court to finally follow suit. This book will prove to be an intriguing read for lawyers, judges and scholars alike who are interested in the protection of their individual state rights as well as their federal rights.show more

Product details

  • Hardback | 296 pages
  • 158 x 236 x 20mm | 544.31g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195334345
  • 9780195334340

About Jeffrey M. Shaman

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.show more