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.........................................................................................................................Book DescriptionThe rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution.Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and juri-prudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably, spurring the U.S. Supreme Court to then follow suit.Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law..........................................................................................................................ContentsChapter 1. Equality • The Federal Model of Equality • The State Conception of Equality • Special Privileges or Immunities • Equal Protection of the Laws • Conclusion Chapter 2. Classifications • Racial Classifications • Gender Classifications • Classifications Based on Sexual Orientation • Classifications Based on Age • Conclusion Chapter 3. Rights and Privileges • Educational Financing • Economic Rights • Tax Laws • Damage Caps • Allocation of Economic Benefits • Regulatory Legislation • Special Entitlements • Criminal Law • Disparate Penalties • Prosecutorial Discretion • Disparate Treatment of Men and Women • Juvenile Offenders • Conclusion Chapter 4. The Right of Privacy • The Federal Model of Privacy • The State Conception of Privacy • The Right to Be Let Alone • The Millian Principle • The Inherent and Unalienable Cornerstone of Liberty • Penumbrae Redux • Spatial Privacy: The Home as Sanctuary • Constitutional Situs and Methodology • Conclusion Chapter 5. Family Rights • Reproductive Freedom • Public Funding of Abortions • Abortion Rights of Minors • Informed Consent and Waiting Periods • Family Relations • Parental Rights • Adoption • Cohabitation as a Family Chapter 6. Civil Unions and Marriage Chapter 7. The Right of Intimate Association • Sexual Relations Between Consenting Adults (Married or Not) • Gay and Lesbian Sexual Relations • Public Health • Social Morality • Other State Interests • Conclusion Chapter 8. The Right of Bodily IntegrityThe Right to Refuse Medical Treatment and the Right to DieThe Right to Ingest Food, Beverages, or Other SubstancesChapter 9. Backlash and AdvancementTable of CasesIndex.........................................................................................................................Author DetailsJeffrey M. Shaman, is Vincent de Paul Professor of Law at DePaul University College of Law whore he has been a faculty member since 1973. Professor Shaman has concentrated much of his scholarship in the area of constitutional law, and his work analyzing the constitutional process has been published in law reviews across the country. He also is a nationally recognized authority on judicial ethics. Professor Shaman's writings have been widely cited, and he is a frequent lecturer on a variety of legal topics. Professor Shaman served as senior fellow of the American Judicature Society as well as director of the AJS Center for Judicial Conduct Organizations. He also served on the board of directors of the DePaul Institute for International Human Rights and as president of the American Civil Liberties Union of Illinois. He is a member of the American Law Institute, the American Society of Legal History, and the U.S. Association of Constitutional Law. Professor Shaman has litigated a number of cases concerning constitutional rights and is the principal author of the Illinois Freedom of Information Act. He has participated in a variety of activities to promote human rights in both the United States and other nations, and has won numerous awards for teaching, scholarship, and service to the community.Jeffrey M. Shaman is the author of Constitutional Interpretation: Illusion and Reatity (2001), and a co-author of the award-winning Judicial Conduct and Ethics, originally published in 1989 and now in its fourth edition..........................................................................................................................
