Blog Post

Setting Boundaries: State Courts, Common Law, and Separation of Powers

By: Clint Bolick & Nina Burik. 

State courts exercise sweeping power to determine the common law in areas such as torts, property, and contracts, but they rarely apply constitutional separation of powers principles in doing so.  This article argues that such principles should prevent courts from creating major new public policy under the guise of their common law powers.

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