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Judicial Interpretation
In considering state constitutional questions, judges may apply an array of methodologies, including originalism and other uses of history, textualism, purposivism, comparativism (including studying other state courts), and common law or precedent.
State constitutions also raise unique interpretation questions. For example, one common issue is whether a state constitutional provision should be interpreted in “lockstep” with the federal constitution.
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Behind the Movement Toward Humane Punishment
A recent Pennsylvania decision barring mandatory life without parole for felony murder is part of an accelerating trend toward broad state constitutional protections for people in the criminal justice system.
Ohio Supreme Court Hears Arguments in Trans Rights Case
Transgender children and their parents are challenging the state’s ban on gender-affirming care.
Pennsylvania “Cruel Punishments” Decision Nods Toward International Human Rights Law
In striking down mandatory life-without-parole sentences for felony murder, the Pennsylvania justices differed on the appropriateness of looking to international law.
The Problem Punishment Poses for Democratic Orders: Ruination and Rights
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Substantive Rights That Limit Prison Terms
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Professor Robert F. Williams Keynote and Introduction: The Perpetual Guardians of the Penitentiary Houses
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
“A View From the Bench:” Excessive Sentencing
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.