Articles
The Case for Partisan Judicial Elections
This paper is the first in a series of papers commissioned by the Federalist Society...
Covenant v. State Farm
In 1972, the Michigan Legislature enacted the Michigan no-fault insurance act,[1] which became effective on October...
League of Women Voters of Florida v. Scott
Which Florida governor—the outgoing or the incoming one—will have the authority to appoint successors for...
State of West Virginia v. Steward Butler
In State of West Virginia v. Steward Butler,[1] the Supreme Court of Appeals of West Virginia determined...
Biggs v. Betlach: Protecting Taxpayer Rights
The Supreme Court’s 2012 decision National Federation of Independent Business v. Sebelius held that the federal government...
Louisiana Supreme Court Finds Sentence of Life Without Parole For Juvenile Unconstitutional
The United States Supreme Court held in Graham v. Florida that the Eighth Amendment prohibits juvenile offenders...
The Constitutionality of School Choice Tax Credits (Gaddy v. Georgia Department of Revenue)
The Georgia Supreme Court’s unanimous decision in Gaddy v. Georgia Department of Revenue continues the unbroken record...
Burgess v. FDIC, the Appointments Clause, and the Separation of Powers
Last week, the Fifth Circuit became the third circuit court to consider whether administrative law...
Bormuth v. County of Jackson
If you’re looking for evidence that Establishment Clause jurisprudence is a mess, look no further...
Carousel of Kansas Education Finance Lawsuits Continues in the Gannon Case
The citizens of the Sunflower State are holding their collective breaths, waiting for the Kansas...
Bogorff v. Scott
In Bogorff v. Scott, the Florida Supreme Court revealed the difficulty many property owners face when...
Wisconsin Court of Appeals Strikes Down Noneconomic Damages Cap
Wisconsin’s statutory cap on noneconomic damages for medical malpractice cases has taken many twists and...
PA Supreme Court Reinvigorates State's 1971 Environmental Rights Amendment
In Pennsylvania Environmental Defense Foundation v. Commonwealth,[1] the Pennsylvania Supreme Court overturned the standard that had been...
Lynch et al., v. California Coastal Commission
In Lynch et al., v. California Coastal Commission, the California Supreme Court this month raised a...
The Georgia Supreme Court Delivers a Victory for School Choice
On Monday, June 26, while the legal world was watching for decisions from the U.S....
Missouri Employers Now Potentially Liable for Increased Workers’ Compensation Liability
In a recent worker’s compensation decision, the Missouri Supreme Court has increased protections for workers...
Colorado Supreme Court Strikes Down Local Fracking Bans
In City of Fort Collins v. Colo. Oil and Gas Ass’n1 and City of Longmont v. Colo. Oil...
Masterpiece Cakeshop Inc. and Jack C. Phillips v. Colorado Civil Rights Commission, Charlie Craig, and David Mullins
On April 25, 2016, the Colorado Supreme Court declined to hear the appeal of a...