The Promise and Limits of State Constitutions
As the Supreme Court steps back on individual rights, state constitutions are filling the void. Do we fully understand their role and importance?
Feb. 8 // 11 a.m.–4 p.m.
Feb. 9 // 10 a.m.–4 p.m.
Vanderbilt Hall, NYU School of Law
40 Washington Square South
New York, NY 10012
For much of the past century, the U.S. Supreme Court was the primary guardian of civil rights and liberties. In many areas the Court is now backing away from that role, and legal scholars and citizens alike are scrambling to understand this new reality.
This process has ushered in a new focus on state constitutions and the courts that interpret them. Fifty separate state constitutions provide numerous rights that do not appear in the federal constitution, and those constitutions are understudied.
Join the Brennan Center for Justice, State Court Report, and the New York University Law Review for a live two-day event on February 8 and 9 at NYU School of Law’s Vanderbilt Hall. Judges, academics, and lawyers will dive into the nuances and importance of state constitutional law. As Justice William J. Brennan Jr. once wrote, state courts “ought to be the guardians of our liberties.” It’s time to better understand them.
Produced in partnership with State Court Report and NYU Law Review
This event has been approved for nine New York State CLE credits in the category of Areas of Professional Practice. The credit is both transitional and non-transitional; it is appropriate for both experienced and newly admitted attorneys. NYU School of Law is an accredited provider of CLE in New York State. If you are seeking CLE credit for a different state, we recommend you consult with your state’s CLE Board to ascertain regulations on reciprocity.
Event Details
-
Thursday, February 8
Introductory Remarks
11 – 11:15 a.m.
Michael Waldman, President & CEO, Brennan Center for JusticeJudicial Federalism and the Status of State Constitutions
11:15 a.m. – 12:45 p.m.
Jerry Dickinson, Vice Dean and Associate Professor of Law, University of Pittsburgh School of Law
Judge Caitlin J. Halligan, Associate Judge, New York Court of Appeals
Justice Goodwin H. Liu, Supreme Court of California
Julie Murray, Senior Staff Attorney, State Supreme Court Initiative, ACLU
Robert F. Williams, Distinguished Professor of Law Emeritus, Rutgers Law School
Moderator: Alicia Bannon, Director, Brennan Center Judiciary ProgramLunch served
12:45 – 1:15 p.m.Interpretive Methods in State Constitutional Law
1:15 – 2:30 p.m.
Justice Clint Bolick, Arizona Supreme Court
Justice Anita Earls, Supreme Court of North Carolina
Chief Justice Loretta Rush, Indiana Supreme Court
Moderator: Jessica Bulman-Pozen, Betts Professor of Law, Columbia Law School
Democracy in State Constitutional Law
2:45 – 4 p.m.
Wilfred U. Codrington III, Associate Professor of Law, Brooklyn Law School
Kareem Crayton, Senior Director, Voting Rights and Representation, Brennan Center Democracy Program
Miriam Seifter, Professor of Law, University of Wisconsin Law School
Carolyn Shapiro, Associate Dean for Academic Administration and Strategic Initiatives and Professor of Law, Chicago-Kent College of Law
Sam Spital, Director of Litigation and General Counsel, NAACP Legal Defense Fund
Moderator: Wendy R. Weiser, Vice President, Brennan Center Democracy Program
Friday, February 9Breakfast served
9:30 – 10 a.m.
Introductory Remarks
10 – 10:10 a.m.
Helen Hershkoff, Herbert M. and Svetlana Wachtell Professor of Constitutional Law and Civil Liberties, NYU School of LawState Constitutions: A State Solicitor General’s Perspective
10:15 – 11 a.m.
Ryan Park, Solicitor General, North Carolina
Moderator: Michelle Kallen, Partner, Jenner & Block; former Solicitor General, Virginia
State Constitutional Obligations: Access to Courts, Remedies, and Rights in Civil and Criminal Cases
11:15 a.m. – 12:30 p.m.
Sharon Brett, Legal Director, ACLU of Kansas
Marcus Gadson, Assistant Professor, Campbell University School of Law
Judith Resnik, Arthur Liman Professor of Law, Yale Law School
Judge Albert Rosenblatt (ret.), New York Court of Appeals
Robert Schapiro, Dean and C. Hugh Friedman Professor of Law, University of San Diego School of Law
Moderator: Hernandez Stroud, Senior Counsel, Brennan Center Justice ProgramLunch served
12:30 – 1 p.m.Reproductive Rights in State Constitutional Law
1 – 2:15 p.m.
Michele Goodwin, Linda D. & Timothy J. O’Neill Professor of Constitutional Law and Global Health Policy, Georgetown University Law Center
Diana Kasdan, Director for Judicial Strategy, U.S. Programs, Center for Reproductive Rights
Chief Justice Barbara J. Pariente (ret.), Supreme Court of Florida
Mary Ziegler, Martin Luther King Jr. Professor of Law, UC Davis School of Law
Moderator: Kate R. Shaw, Professor of Law, University of Pennsylvania Carey Law SchoolThe Politics of State Constitutionalism
2:30 – 3:45 p.m.
Chief Justice Wallace B. Jefferson (ret.), Supreme Court of Texas
Michael S. Kang, Class of 1940 Professor of Law, Northwestern Pritzker School of Law
Douglas Keith, Senior Counsel, Brennan Center Judiciary Program
Chief Justice Maureen O’Connor (ret.), Supreme Court of Ohio
Robinson Woodward-Burns, Associate Professor, Howard University
Moderator: Meryl J. Chertoff, Executive Director, Georgetown Project on State and Local Government Policy and Law, Georgetown University Law CenterClosing Remarks
3:55 – 4 p.m.
-
See the full biographies of all speakers.
- Justice Clint Bolick, Arizona Supreme Court
- Sharon Brett, Legal Director, ACLU of Kansas
- Jessica Bulman-Pozen, Betts Professor of Law, Columbia Law School
- Meryl J. Chertoff, Executive Director, Georgetown Project on State and Local Government Policy and Law, Georgetown University Law Center
- Wilfred U. Codrington III, Associate Professor of Law, Brooklyn Law School
- Kareem Crayton, Senior Director, Voting Rights and Representation, Brennan Center
- Jerry Dickinson, Vice Dean and Associate Professor of Law, University of Pittsburgh School of Law
- Justice Anita Earls, Supreme Court of North Carolina
- Marcus Gadson, Assistant Professor, Campbell University School of Law
- Michele Goodwin, Linda D. & Timothy J. O’Neill Professor of Constitutional Law and Global Health Policy, Georgetown Law
- Judge Caitlin J. Halligan, New York Court of Appeals
- Helen Hershkoff, Herbert M. and Svetlana Wachtell Professor of Constitutional Law and Civil Liberties and Co-Director, Arthur Garfield Hays Civil Liberties Program, NYU School of Law
- Chief Justice Wallace B. Jefferson (ret.), Supreme Court of Texas
- Michelle Kallen, Partner, Jenner & Block; former Solicitor General, Virginia
- Michael Kang, Class of 1940 Professor of Law, Northwestern Pritzker School of Law
- Diana Kasdan, Director for Judicial Strategy, U.S. Programs, Center for Reproductive Rights
- Justice Goodwin Liu, Supreme Court of California
- Julie Murray, Senior Staff Attorney, State Supreme Court Initiative, ACLU
- Chief Justice Maureen O’Connor (ret.), Supreme Court of Ohio
- Chief Justice Barbara Pariente (ret.), Supreme Court of Florida
- Ryan Park, Solicitor General, North Carolina
- Judith Resnik, Arthur Liman Professor of Law, Yale Law School
- Judge Albert Rosenblatt (ret.), New York Court of Appeals
- Chief Justice Loretta Rush, Indiana Supreme Court
- Robert Schapiro, Dean and C. Hugh Friedman Professor of Law, University of San Diego School of Law
- Miriam Seifter, Professor of Law, University of Wisconsin-Madison Law School
- Carolyn Shapiro, Associate Dean for Academic Administration and Strategic Initiatives and Co-Director, Institute on the Supreme Court of the United States, Chicago-Kent College of Law
- Kate Shaw, Professor of Law, University of Pennsylvania Carey Law School
- Sam Spital, Director of Litigation and General Counsel, NAACP Legal Defense Fund
- Hernandez Stroud, Senior Counsel, Brennan Center Justice Program
- Robert F. Williams, Distinguished Professor of Law Emeritus, Rutgers Law School
- Robinson Woodward-Burns, Associate Professor, Howard University
- Mary R. Ziegler, Martin Luther King Jr. Professor of Law, UC Davis School of Law