Twenty-Seventh Issue on State Constitutional Law
Robert F. Williams
When we embarked on these publications back in 1989, we hoped to build a literature on state constitutional law as well as to provide a focused learning environment for students in this field. We believe we have succeeded in those goals, and we plan to continue to do so in the future.
Mary L. Bonauto
In this Article, I will be discussing “Equality and the Impossible,” with a focus on the role of state constitutions in the marriage litigation from my personal vantage point. I will address four broad topics: (1) the origins of the state constitutional litigation strategy on marriage for same-sex couples-the lay of the land when we started; (2) the choice of fora; (3) the progression of the litigation; and (4) the eventual move to federal litigation.
Christophe Van der Beken
The Ethiopian population is highly diverse in terms of ethnic composition, governance traditions, and socio-economic activities, to mention only a few diversity markers. Accommodating this diversity to guarantee stability and state integrity was the major rationale behind the adoption of federalism in the country. One of the important mechanisms the federal system has to offer in this regard is the constitutional autonomy of its constituent units or regions. The subnational constitutional autonomy enjoyed by Ethiopia’s regions is significant and allows them to draft and enact constitutions that reflect and accommodate the distinct nature of their respective polities. This Article assesses to what extent Ethiopia’s regions have utilized their subnational constitutional autonomy by a systematic comparison of the nine regional constitutions. It is found that although the regions have designed distinct constitutional arrangements, they have surely not exhausted the possibilities regional constitutional autonomy has to offer.
State Constitutional Law
In Robinson Township v. Commonwealth, the Pennsylvania Supreme Court issued a landmark decision for the Commonwealth when it determined that Act 13, pro-fracking legislation, violated the Environmental Rights Amendment (ERA) of the Pennsylvania Constitution.
In Gannon v. State, the Kansas Supreme Court was tasked with determining whether Kansas established unconstitutional, wealth- based disparities in the K-12 public education finance system.
Jason Scott Kanterman, Esq.
In State v. Medina, the Vermont Supreme Court confronted the issue of whether the State could compel, through legislation, the collection and analysis of DNA from anyone arraigned on, but not convicted of, a felonious crime.
In State v. Short, the Iowa Supreme Court held that a warrantless search of a probationer’s apartment by police violated the search-and- seizure provision of the Iowa Constitution, despite reasonable suspicion of criminal activity and a consent-to-search provision in the probationer’s agreement.
Volume 70, Issue 1 is on the way!
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