Who Decides? States as Laboratories of Constitutional Experimentation

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Title: Who Decides?: States as Laboratories of Constitutional Experimentation

Presenter: Chief Judge Jeffrey Sutton, U.S. Court of Appeals, Sixth Circuit. 

Date: Thursday, November 16​, 2023
Time: 11:00 am - 12:00 pm
Location: Virtual via Zoom​,​
Registration Link: Registration is closed.
CLE Hours: 1.2
Cost: Free
Eligible Audience: Defense only (Appointed Counsel/Panel Attorneys & Staff and Public Defender Attorneys & Staff)


​Chief Judge Sutton joins us to discuss how the state constitution supplements the protections afforded by the federal constitution and his new book 'Who Decides?: States as Laboratories of Constitutional Experimentation'. 'Who Decides' makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in assessing the right balance of power among all branches of government.​


​Chief Judge Sutton has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure and as Chair of the Advisory Committee on Appellate Rules. He currently serves on the Executive Committee of the Judicial Conference of the United States, and as the Commissioner of the Supreme Court Fellows Program. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.