This Article provides the first in-depth examination of state-federal concurrent constitutional authority and does so by focusing on a context in which its consequences are most problematic: within individual states. While a handful of articles over the years have examined state court power vis-a-vis federal constitutional questions more generally, no systematic effort has been undertaken to examine intrastate, state-federal conflict on federal constitutional questions. This Article redresses this deficit, using as its doctrinal locus federal constitutional criminal procedure, with its unique impact on government power and individual liberty and privacy.
Wayne A. Logan,
A House Divided: When State and Lower Federal Courts Disagree on Federal Constitutional Rights,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol90/iss1/6