In this article, I draw on state constitutional interpretation practices to urge an explicitly pluralist approach to constitutional interpretation. I argue that doing so promotes transparency and is in line with existing practices of state and federal courts. Comments are welcome!
My article, "Pluralism in State Constitutional Law," will be published with the Georgia Law Review! This article urges an explicitly pluralist approach to constitutional interpretation, and draws on state constitutional cases for inspiration and examples: papers.ssrn.com/sol3/papers....
I also made a constitutional law starter pack. I tried to not double-count administrative law pack members so more people get included! Cc, again: @joshuajfriedman.comgo.bsky.app/MDDmJYL
Join the conversation
#CrimWIP@yeargain.bsky.social@msmith750.bsky.social, and me! Interested in joining our group for non-judgmental but constructive feedback? Send me an email!
Check out this essay I wrote last week about what originalism might be a thousand years from now and what this might teach us about classifying instances of constitutional interpretation! It has footnote jokes! papers.ssrn.com/sol3/papers....
We're thrilled to be in Chicago at Northwestern Law School co-sponsoring an academic roundtable on state courts with Dan Rodriguez and @zclopton.bsky.social!
I do use that latter point about repeat players to question the wisdom of putting control over the argument of crucial cases in the hands of a few elite advocates, though.
I address both of these questions, and more, in the article! In short, the conservative supermajority is certainly a concern, though maybe only got certain cases. I do think repeat players will use it, as they need to appeal to clients first, though it may also complicate things.
Enjoy the article as much as possible. It will be such a huge and constant part of your life, that you'll end up getting tired and impatient with it. You'll end up despising it if you start out thinking it's only tolerable.