scholarly journals Courting Reversal: The Supervisory Role of State Supreme Courts

1978 ◽  
Vol 87 (6) ◽  
pp. 1191 ◽  
Keyword(s):  
State Supreme Courts ◽  
Supreme Courts

scholarly journals The Role of State Supreme Courts in the New Judicial Federalism

1988 ◽  
Vol 86 (6) ◽  
pp. 1311
Author(s):  
Jonathan T. Foot ◽  
Susan P. Fino
Keyword(s):  
State Supreme Courts ◽  
Supreme Courts ◽  
Judicial Federalism

The Role of Constitutional Features in Judicial Review

2018 ◽  
Vol 18 (4) ◽  
pp. 351-370
Author(s):  
Adam R. Brown
Keyword(s):  
Judicial Review ◽  
The State ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
State Constitutions ◽  
State Constitution ◽  
American State

American state constitutions vary tremendously in their length, amendment rate, and age. These three variables—especially the first two—strongly influence the rate at which state supreme courts strike down state actions for violating the state constitution. Longer, more detailed constitutions reduce policy flexibility, increasing judicial invalidations; rarely updated constitutions may fail to address modern concerns, increasing invalidations; and recently adopted constitutions may contain fragile logrolls and similar shortcomings, also increasing invalidations. These findings add new considerations to a rich literature on judicial review in state supreme courts.

Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

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