Article title Redressing Deprivations of Rights Secured by State Constitutions Outside the Shadow of the Supreme Court’s Constitutional Remedies Jurisprudence
Name of magazine Scientific-practical professional journal
«Law of the USA» (Ukrainian language)
Issue 1-2/2013
Сторінки [267-278]
Annotation Since the rediscovery of state constitutions as a source of protection of civil liberty in circumstances where rights are not guaranteed by the United States Constitution, state courts largely have accepted the rationale for and methodology of independently interpreting state constitutional provisions. The utility of state constitutions as a more generous protectorate of freedoms will be undermined, however, if state courts blindly adopt the United States Supreme Court doctrines that more often than not deny a damage remedy to victims of conduct that violates the federal Constitution. This article articulates why state courts may and should adopt an independent jurisprudence of remedies for infringement of rights secured by state constitutions.
Keywords state constitution, damages, Section 1983, United States Supreme Court, immunity, vicarious liability/respondeat superior, remedy.