The Role of State Justices in Advancing State Constitutional Law: Some Thoughts from Colorado by Jake Mazeitis & Hon. Melissa Hart; Constitutional and Administrative Innovation Through State Labor Law by Kate Andrias; Single-Subject Rules and the Nature of State Judicial Power by Chad M. Oldfather; Maximizing Disability: The Road to Extractive Federalism by Karen M. Tani; Critical Family Regulation Scholarship by S. Lisa Washington; Chevron’s 51 Imperfect Solutions by Christopher J. Walker & Neena Menon; The State Statutes Project by Neel Guha & Diego A. Zambrano; and Purcell Principles for State Courts by Robert Yablon & Derek Clinger.
Month: November 2024
Court Reform for Progressives: A Primer on Constitutional Considerations
This brief and basically unannotated essay lays out some constitutional considerations associated with prominent (and some not so prominent) proposals for Supreme Court reform circulating among progressives. The essay has four parts, dealing successively with low-hanging fruit (about which there are few constitutional questions—though not none), statutory term limits including “bells-and-whistles” proposals for accomplishing effective term limits, jurisdiction-stripping, and Court expansion. The conclusion: proposals for Court reform raise rather deep questions about the kind of democratic self-governance system we want to have—as does resistance to such proposals (that is, saying that Court reform is a bad idea raises deep questions about the kind of democratic self-governance system we want to have and which the objector believes to be close to what we actually have).
Volume 2024, No. 4
Getting Help by Kathryne M. Young; New Brandeis’s New Battleground by Jared M. Stehle; Algorithmic Judicial Ethics by Keith Swisher; Recognizing Partial AI Authorship: Toward a More Permissive Copyright Regime by Ryan E. Gooding; The Stars Are (Re)Aligning: Extending Title IX to NCAA Conference Realignment in the NIL Era by Nathan Loayza; Tortious Standard, Torturous Results: Improving the Approach Toward Contributory Conduct Under Wisconsin’s Crime Victim Compensation Statute by Emmerson A. Mirus.