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Equality and Liberty in the Golden Age of State Constitutional Law$
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Jeffrey M. Shaman

Print publication date: 2008

Print ISBN-13: 9780195334340

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195334340.001.0001

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Backlash and Advancement

Backlash and Advancement

(p.243) 9 Backlash and Advancement
Equality and Liberty in the Golden Age of State Constitutional Law

Jeffrey M. Shaman

Oxford University Press

A significant number of states have exercised their sovereign independence to create a substantial body of state constitutional law establishing rights of equality and liberty well beyond those recognized under the Federal Constitution. However, the advances of equality and liberty achieved through the New Judicial Federalism have, in some instances, been greeted with disapproval. Some states have encountered a legislative or popular backlash against the recognition of certain new rights by state courts. In other areas, though, public acceptance has come more readily, and progress has been more constant. Overall, the New Judicial Federalism seems to be steadily progressing. State courts have invested equality and liberty with a new meaning that has made for a more just society. With its course well set, the advancement of equality and liberty will endure as the great attainment of the Golden Age of State Constitutional Law.

Keywords:   New Judicial Federalism, state constitutional law, equality, liberty

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