Equality and Liberty in the Golden Age of State Constitutional Law 1st Edition by Jeffrey M Shaman ISBN 0195334345 9780195334340

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ISBN 10: 0195334345 
ISBN 13: 9780195334340
Author: Jeffrey M Shaman

The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution.Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.

Equality and Liberty in the Golden Age of State Constitutional Law 1st Table of contents:

Chapter One: Equality
The Federal Model of Equality
The State Conception of Equality
Special Privileges or Immunities
Equal Protection of the Laws
Conclusion
Chapter Two: Classifications
Racial Classifications
Gender Classifications
Classifications Based on Sexual Orientation
Classifications Based on Age
Conclusion
Chapter Three: Rights and Privileges
Educational Financing
Economic Rights
Tax Laws
Damage Caps
Allocation of Economic Benefits
Regulatory Legislation
Special Entitlements
Criminal Law
Disparate Penalties
Prosecutorial Discretion
Disparate Treatment of Men and Women
Juvenile Offenders
Conclusion
Chapter Four: The Right of Privacy
The Federal Model of Privacy
The State Conception of Privacy
The Right to Be Let Alone
The Millian Principle
The Inherent and Unalienable Cornerstone of Liberty
Penumbrae Redux
Spatial Privacy: The Home as Sanctuary
Constitutional Situs and Methodology
Conclusion
Chapter Five: Family Rights
Reproductive Freedom
Public Funding of Abortions
Abortion Rights of Minors
Informed Consent and Waiting Periods
Family Relations
Parental Rights
Adoption
Cohabitation as a Family
Chapter Six: Civil Unions and Marriage
Chapter Seven: The Right of Intimate Association
Sexual Relations Between Consenting Adults (Married or Not)
Gay and Lesbian Sexual Relations
Public Health
Social Morality
Other State Interests
Conclusion
Chapter Eight: The Right of Bodily Integrity
The Right to Refuse Medical Treatment and the Right to Die
The Right to Ingest Food, Beverages, or Other Substances
Chapter Nine: Backlash and Advancement

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