State Constitutional Law: Litigating Individual Rights, Claims, and Defenses

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With a perceived retreat of the Rehnquist Court and now Roberts 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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