State courts make constitutional and common-law policy in distinct doctrinal domains

Evidence

This chapter focuses on state courts’ constitutional policymaking in dealing with public school finance and same-sex marriage and with their common-law policymaking on products liability—that is, suits for damages for injuries caused by defective products. — G. Alan Tarr, Judicial Process and Judicial…, 3267

Categorization

• DEFINE: Distinguishes constitutional policymaking from common-law policymaking and defines products liability as damages suits for defective-product injuries.
• XREF: connects to: American courts have grown in their role governing the nation. — G. Alan Tarr, Judicial Process and Judicial…, 90; American courts inherited common-law rulemaking and thus judges make law — G. Alan Tarr, Judicial Process and Judicial…, 138; American courts always helped govern and their governing role has grown over time — G. Alan Tarr, Judicial Process and Judicial…, 9 (+2 more)