Calabresi, Begley, Dore & Agudo on the Rights Protected by a Consensus of the States

Steven G. Calabresi, Hannah Begley, Katherine L. Dore and Sarah E. Agudo (Northwestern University – Pritzker School of Law, Brown University, Students, Northwestern University – Northwestern Pritzker School of Law and Northwestern University – Pritzker School of Law) have posted Individual Rights Under State Constitution in 2018: What Rights are Deeply Rooted in a Modern-Day Consensus of the States on SSRN.  Here is the abstract: This law review article describes what individual rights are protected under state constitutional law today in 2018; in 1868 when the Fourteenth Amendment was ratified; and in 1791, when the federal Bill of Rights was ratified. We seek to offer a picture over time as to what rights have gone into style and what rights have fallen out of style over the last 227 years. State constitutions are much easier to amend than is the federal constitution, so they provide a good sociological vantage point from which to assess rights. Moreover, since…

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