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Summary of 51 Imperfect Solutions by Judge Jeffrey S. Sutton PDF

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.


Detail About 51 Imperfect Solutions PDF

  • Author : Judge Jeffrey S. Sutton
  • Publisher : Oxford University Press
  • Genre :
  • Total Pages : 288 pages
  • ISBN : 0190866063
  • PDF File Size : 16,9 Mb
  • Language : English
  • Rating : 4/5 from 21 reviews

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51 Imperfect Solutions

51 Imperfect Solutions
  • Publisher : Oxford University Press
  • File Size : 40,8 Mb
  • Release Date : 07 May 2018
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When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at

51 Imperfect Solutions

51 Imperfect Solutions
  • Publisher : Oxford University Press
  • File Size : 48,9 Mb
  • Release Date : 12 May 2024
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"When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at

Who Decides?

Who Decides?
  • Publisher : Oxford University Press
  • File Size : 42,8 Mb
  • Release Date : 29 October 2021
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"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights

Looking for Rights in All the Wrong Places

Looking for Rights in All the Wrong Places
  • Publisher : Princeton University Press
  • File Size : 31,5 Mb
  • Release Date : 21 April 2013
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Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain

State Constitutional Law

State Constitutional Law
  • Publisher : Ingram
  • File Size : 20,9 Mb
  • Release Date : 11 December 2015
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In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. The

Settled Versus Right

Settled Versus Right
  • Publisher : Cambridge University Press
  • File Size : 46,7 Mb
  • Release Date : 06 June 2017
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This book analyzes the theoretical nuances and practical implications of how judges use precedent.

The Federalist Papers

The Federalist Papers
  • Publisher : Read Books Ltd
  • File Size : 24,8 Mb
  • Release Date : 20 August 2018
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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of

Conjugal Misconduct

Conjugal Misconduct
  • Publisher : Cambridge University Press
  • File Size : 20,9 Mb
  • Release Date : 01 March 2018
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Examines the experiences of couples in controversial unions and the legal and cultural backlash against contested marital arrangements in twentieth-century America. Will appeal to readers studying marriage law, gender, sexuality,

Our Undemocratic Constitution

Our Undemocratic Constitution
  • Publisher : Oxford University Press
  • File Size : 29,9 Mb
  • Release Date : 12 May 2024
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Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity

Algorithms of Oppression

Algorithms of Oppression
  • Publisher : NYU Press
  • File Size : 23,6 Mb
  • Release Date : 20 February 2018
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Acknowledgments -- Introduction: the power of algorithms -- A society, searching -- Searching for Black girls -- Searching for people and communities -- Searching for protections from search engines --