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Civil Due Process
State constitutions generally protect both procedural and substantive due process rights. Many state constitutions also include rights to access the courts. State courts review a broad range of civil due process questions, including claims of inadequate procedures in civil and administrative proceedings, questions about standing and the right to a jury in civil matters, fundamental rights claims rooted in substantive due process, and claims about unfair procedures or inadequate access to justice.
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A Brief History of Colorado’s Constitution
Colorado’s constitutional history provides an ambivalent promise of human rights and social equality.
How Texas Law Lets the State Get Around Injunctions
An unusual state court procedure allows the attorney general to undo trial court rulings just by filing an appeal.
Scholarship Roundup: Back to School Edition
Recent articles address access to justice, administrative law, the law of democracy, and state constitutional law.
Novel Justice Solutions from State Supreme Courts
State supreme courts can spur culture change and innovation that promotes access to justice.
How Do State Constitutions Evolve?
The Washington Supreme Court’s changing interpretation of its state “Privileges or Immunities” Clause shows how state courts can diverge from federal precedent over time.
Reforms Making It Easier to Sue Child Abusers Are Running into Due Process Concerns
The Colorado Supreme Court is the latest to consider whether retroactive extensions of statutes of limitations on child sexual abuse claims violate the state constitution.
Georgia Breaks with Federal Courts on Economic Liberty
The high court struck down an occupational licensing law under the state Due Process Clause.
The Promise of State Constitutions in Restoring Jury Trials
How to bring back the “inviolate” right to a jury trial.