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Date: June 13, 2022
Event:
Protecting Your Client's Constitutional Rights - Why, When and How to Argue that a Decision Should Be Based on the Massachusetts State Constitution
Faculty:
Hon. Peter W. Agnes, Jr. (ret.) CEO, Flaschner Judicial Institute
Robert Brink, Executive Director, Social Law Library
Hon. Scott L. Kafker, Associate Justice, Supreme Judicial Court
Hon. Mark S. Coven, District Court
Hon. Peter W. Agnes, Jr. (ret.) CEO, Flaschner Judicial Institute
Elizabeth “Bessie” Dewar, Massachusetts State Solicitor, Office of the A.G.
Rebecca Kiley, Chief Appellate Attorney, Public Defender Division, CPCS
Description:
Adapted for the trial and appellate bar, this “how to” program was first presented to members of the Massachusetts judiciary by the Flaschner Judicial Institute.
There is state as well as federal constitutional protection for most fundamental rights in this country, including those safeguarding the rights of criminal defendants, property owners, the free-exercise and anti-establishment of religion, anti-discrimination, voting rights, reproductive rights, gun rights, and separation of powers. State constitutional protection can be greater than federal constitutional protection. In a time of federal constitutional upheaval, state constitutions become especially important.
This program will explore why, when and how to ground arguments exclusively on the Massachusetts Constitution.
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