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Wisconsin Law Review Special Issue 2024: “Public Law in the States”

National-level developments in law and government typically grab the biggest headlines and drive discourse in the legal academy. With a high-stakes presidential election, major U.S. Supreme Court rulings, and more, 2024 has been no exception. But many consequential legal developments have unfolded at the state level as well. The Essays in this Special Issue explore questions pertaining to state public law, including examining distinctive features of state governance and the relationship between states and the federal government.

The Essays in this Special Issue were presented at, or grew out of, the Fourth Annual Public Law in the States Conference hosted by the State Democracy Research Initiative at the University of Wisconsin Law School in May 2024. This annual conference brings together scholars and state jurists to explore questions pertaining to state public law, including examining distinctive features of state governance and the relationship between states and the federal government. In addition to a keynote judicial panel, this year’s conference featured four academic panels on state constitutions, state institutions, state courts, and state-level democracy.

The Essays in this Special Issue highlight the central importance of state public law in both the legal academy and the public more generally. As legal scholars increasingly turn their attention to state constitutions, state courts, and state-level democracy, our hope is that these pieces will inform their work and kindle additional interest in these vital and still underexplored topics.