State Constitutional Law: Litigating Individual Rights, Claims, and Defenses
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With a perceived retreat of the Rehnquist Court from decisions involving civil rights and liberties, state supreme courts increasingly rely on their own constitutions to uphold claims. This willingness to fill the federal "rights gap" by asserting the primacy of state law has produced a burgeoning body of state constitutional case law.
State Constitutional Law fills a void by collecting and comparing constitutional case law from all 50 states, and contrasting prevailing federal rulings with more protective state decisions.
This book is the only comprehensive guide to litigating state constitutional rights. It addresses both the civil and criminal procedure rights protected by state constitutions, and offers in-depth analysis of related substantive and remedial issues.
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Table of Contents
Chapter 1 "State Law First:" The Independent Use and Interpretation of State Bill of Rights in Civil and Criminal Litigation
Chapter 2 Privacy and Rights of Personal Choice
Chapter 3 Individual Rights to Equal Treatment
Chapter 4 Freedom of Religion
Chapter 5 Freedom of Expression
Chapter 6 Access to Courts and Civil Remedies for Injury
Chapter 7 Civil Actions to Enforce State Constitutional Rights
Chapter 8 Governmental Immunities and State Tort Claims Acts in Actions for Violations of State Constitutional Rights
Chapter 9 Constitutional Rights Without "State Action" - Suits Against Private Actors
Chapter 10 Attorney Fees in Actions for Violations of State Constitutional Rights
Chapter 11 Search and Seizure
Chapter 12 Rights of the Accused in Criminal Prosecutions
Chapter 13 Sentencing, Punishment and Conditions of Confinement
Table of Cases
Table of Statutes