• State Constitutional Law: Litigating Individual Rights, Claims, and Defenses, Fourth Edition
 
 
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State Constitutional Law: Litigating Individual Rights, Claims, and Defenses, Fourth Edition

State Constitutional Law: Litigating Individual Rights, Claims, and Defenses, Fourth Edition

With a perceived retreat of the Rehnquist and now Roberts Court from decisions involving ...


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    With a perceived retreat of the Rehnquist Court from decisions involving civil rights and liberties, state supreme courts increasingly rely on their own constitutions to uphold claims. This willingness to fill the federal "rights gap" by asserting the primacy of state law has produced a burgeoning body of state constitutional case law.

    State Constitutional Law fills a void by collecting and comparing constitutional case law from all 50 states, and contrasting prevailing federal rulings with more protective state decisions.

    This book is the only comprehensive guide to litigating state constitutional rights. It addresses both the civil and criminal procedure rights protected by state constitutions, and offers in-depth analysis of related substantive and remedial issues.

    Volume One
    Preface
    Chapter 1 "State Law First:" The Independent Use and Interpretation of State Bill of Rights in Civil and Criminal Litigation
    Chapter 2 Privacy and Rights of Personal Choice
    Chapter 3 Individual Rights to Equal Treatment
    Chapter 4 Freedom of Religion
    Chapter 5 Freedom of Expression
    Chapter 6 Access to Courts and Civil Remedies for Injury
    Chapter 7 Civil Actions to Enforce State Constitutional Rights
    Chapter 8 Governmental Immunities and State Tort Claims Acts in Actions for Violations of State Constitutional Rights
    Chapter 9 Constitutional Rights Without "State Action" - Suits Against Private Actors
    Chapter 10 Attorney Fees in Actions for Violations of State Constitutional Rights

    Volume Two
    Chapter 11 Search and Seizure
    Chapter 12 Rights of the Accused in Criminal Prosecutions
    Chapter 13 Sentencing, Punishment and Conditions of Confinement
    Bibliography
    Table of Cases
    Table of Statutes
    Index

     

    Friesen, Jennifer


    Jennifer Friesen is Professor Emeritus of Law (retired) at Loyola Law School in Los Angeles, where she taught classes in Labor Law, Law and Literature, Civil Rights Litigation (section 1983), Civil Procedure, and State Constitutional Rights. After earning a B.A. at the University of Kansas, Professor Friesen received her J.D. from the University of Oregon Law School in 1978 and was admitted into the Order of the Coif. She clerked for Justice Hans A. Linde of the Oregon Supreme Court in 1978-79. Professor Friesen practiced for four years with a noted Oregon firm, specializing in labor law and civil rights litigation. Before joining the faculty at Loyola in 1983, she served as legal counsel to the Oregon House Labor Committee. Professor Friesen speaks regularly on the subject of state constitutional rights.

     

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State Constitutional Law: Litigating Individual Rights, Claims, and Defenses, Fourth Edition
 With a perceived retreat of the Rehnquist and now Roberts Court from decisions involving ...