State Constitutional Law: Rights & Protections

State Constitutional Law: Rights & Protections covers the rights afforded to the public that often go beyond the guaranteed federal rights. This easy-to-digest book guides the reader through state constitutional law, providing important analysis and insight.
Publisher: Matthew Bender
Print Book
2023 Edition
$199.00
Quantity
In Stock
ISBN: 9781663348203
Publisher: Matthew Bender
International Order Inquiry

Product description

There are multiple rights under the federal bill of rights – over two dozen, with freedom of speech, free exercise of religion, and due process of law being among the most frequently cited. Interestingly, for every right contained in the federal bill of rights, a state court or state constitution or state statute has expanded that right beyond the language interpretation accorded under federal law.

State Constitutional Law: Rights & Protections is an easy-to-digest book guides the reader through state constitutional law, providing important analysis and insight.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

 

Table of contents

CHAPTER 1 OVERVIEW AND PROCEDURE GUIDE: STATE CONSTITUTIONAL LAW PRACTICE

§ 1.01 History: State Constitutional Law

§ 1.02 Procedural Guide: State Constitutional Law

§ 1.03 Provisions of the United States Constitution’s Bill of Rights and State Constitutional Counterparts

§ 1.04 Bibliography



CHAPTER 2 THE FIRST AMENDMENT

§ 2.01 Introduction

§ 2.02 Free Exercise of Religion

§ 2.03 Right to Refuse Medical Treatment on Religious Grounds

§ 2.04 Anti-Establishment

§ 2.05 Freedom of Speech

§ 2.06 Freedom of Press

§ 2.07 Right of Assembly

§ 2.08 Right to Petition

§ 2.09 Right to Organize

§ 2.10 Bibliography



CHAPTER 3 THE RIGHT TO BEAR ARMS

§ 3.01 Federal Court Analysis

§ 3.02 State Court Analysis

§ 3.03 Bibliography



CHAPTER 4 THE FOURTH AMENDMENT

§ 4.01 Search and Seizure

§ 4.02 Vehicle Searches and Seizures

§ 4.03 Civil Non-Criminal Proceedings

§ 4.04 Pen Registers

§ 4.05 Search Incident to Arrest

§ 4.06 Pre-Incarceration Search / Strip

§ 4.07 Open Fields Doctrine / Aerial Surveillance

§ 4.08 Consent Searches

§ 4.09 Roadblocks

§ 4.10 Reasonable Mistake of Law

§ 4.11 Bodily Contents

§ 4.12 Search of Prisoners/Probationer/Parolees

§ 4.13 Dog Sniffing / Electronic Devices

§ 4.14 Trash/Abandoned Items, Expectation of Privacy

§ 4.15 Administrative Searches

§ 4.16 Participant Conversations

§ 4.17 Search Following Arrest in The Home

§ 4.18 Derivative Evidence, Poisoned Trees, and Cats Out of the Bag

§ 4.19 Search Warrants

§ 4.20 Bibliography



CHAPTER 5 THE FIFTH AMENDMENT

§ 5.01 Introduction

§ 5.02 Double Jeopardy

§ 5.03 Self Incrimination

§ 5.04 Fifth Amendment Due Process

§ 5.05 The Takings Clause

§ 5.06 Miranda Rights

§ 5.07 Grand Jury

§ 5.08 Bibliography



CHAPTER 6 THE SIXTH AMENDMENT

§ 6.01 Right to a Speedy Trial

§ 6.02 Right to Counsel

§ 6.03 Bibliography



CHAPTER 7 THE EIGHTH AMENDMENT

§ 7.01 What is Excessive?

§ 7.02 Cruel and Unusual Punishment

§ 7.03 Bibliography



CHAPTER 8 THE FOURTEENTH AMENDMENT

§ 8.01 Equal Protection

§ 8.02 Right to Privacy

§ 8.03 Bibliography



CHAPTER 9 BILL OF ATTAINDER AND EX POST FACTO

§ 9.01 Introduction

§ 9.02 Bills of Attainder

§ 9.03 Ex Post Facto

§ 9.04 Bibliography



CHAPTER 10 SCRUTINY

§ 10.01 Scrutiny in the U.S. Supreme Court

§ 10.02 State Court Variations and Expansions of Scrutiny Levels

§ 10.03 Capital Cases

§ 10.04 Right to Vote

§ 10.05 Mask Mandates

§ 10.06 Advancing Strict Scrutiny in Other State Court Settings

§ 10.07 Altering the Federal Three-Tier Approach

§ 10.08 Bibliography



CHAPTER 11 RIGHTS PROVISIONS IN STATE CONSTITUTIONS BUT NOT
IN FEDERAL CONSTITUTION


§ 11.01 State Constitutional Law

§ 11.02 Specific State Constitutional Rights

§ 11.03 Interesting Issues in State Constitutional Law

§ 11.04 Bibliography