The Institute of Judicial Administration presents
23rd Annual Brennan Lecture on State Courts and Social Justice:
Hon. Goodwin Liu, Associate Justice, California Supreme Court
State Constitutions and the Protection of Individual Rights: A Reappraisal
Thursday, March 23, 2017, 6:15-7:30 p.m. Lecture. Reception to follow
Vanderbilt Hall, Greenberg Lounge, NYU Law, 40 Washington Square South
This year marks the 40th anniversary of Justice William Brennan’s classic article, “State Constitutions and the Protection of Individual Rights,” 90 Harvard Law Review 489 (1977), one of the most-cited law review articles of all time. Justice Brennan’s article spawned a vigorous debate, which continues today, over what approach state courts should take in interpreting state constitutional provisions that are similar to those in the federal Constitution. Central to this debate is the following inquiry: When a state court interprets state constitutional rights more expansively than federal constitutional rights, does the legitimacy of this practice depend on the state court’s resort to unique state sources, such as the distinctive text, purpose, or history of the state constitutional provision? Or is it legitimate for a state court to simply disagree with U.S. Supreme Court interpretations of the federal right and adopt its ‘dissenting’ view as a matter of state constitutional law, with no resort to unique state sources? Justice Liu will examine the prevalence of this latter approach among state high courts and the normative justifications for it within our federal system.
There is no charge for this event. This event is seeking approval for New York State CLE credit. If approved, it will be appropriate for both experienced and newly admitted attorneys.
For information or to register: http://bit.ly/IJA23rdAnnualBrennanLecture or contact firstname.lastname@example.org or 212-992-6289.