Articles
Florida Supreme Court Finds That the Sixth Amendment Right to Counsel Allows Withdrawal of Public Defenders from Criminal Cases
A significant decision by the Florida Supreme Court ruled that requiring criminal defense attorneys, employed...
Illinois Supreme Court Ruling Explores Scope of Second Amendment
On September 12, 2013, in People v. Aguilar, the Illinois Supreme Court held that Illinois’s...
New Mexico Supreme Court: Wedding Photographer May Not Decline Business from Same-Sex Couple’s Commitment Ceremony
On August 22, the New Mexico Supreme Court handed down a noteworthy opinion in a...
Overprotecting Public Employee Pensions: The Contract Clause and the California Rule
The Contract Clause, which prohibits states from making laws impairing the obligation of contracts, is...
Louisiana Supreme Court Strikes Down Statewide Voucher Program
On May 7, 2013, the Supreme Court of Louisiana ruled that its state’s statewide voucher...
Pennsylvania Supreme Court Permits Waivers for Future Negligence by Third Parties
On April 25, 2013, in Bowman v. Sunoco, a divided Pennsylvania Supreme Court held that...
Indiana Supreme Court Upholds Constitutionality of Vouchers for K-12 Education
In a landmark 5-0 decision, Chief Justice Brent Dickson of the Indiana Supreme Court delivered...
Florida Supreme Court Requires Fourth Amendment Protections for Emerging Technology
In Smallwood v. State of Florida, the Florida Supreme Court 2013 FL 1130 (Fla. 2013),...
Citing Rule Against "Log Rolling," Oklahoma Supreme Court Overturns Comprehensive State Tort Reform
The practice of tucking tax breaks or other legislative favors for special interests into “must...
Sunsetting the Tennessee Judicial Nominating Commission: What Now?
The text of the Tennessee Constitution states all judges “shall be elected by the qualified...
State Action on Voter Identification: A National Survey
In recent years, the most politically divisive issue concerning election administration has been whether the...
Oklahoma Supreme Court Strikes Down Informed Consent Law
On December 4, 2012, in Nova Health Systems v. Pruitt, 2012 OK 103 (Okla. 2012),...
Virginia Supreme Court Expands Wrongful Discharge Cause of Action
In Van Buren v. Grubb,1 the Virginia Supreme Court ruled for the first time that...
Oregon Supreme Court Shifts Burden of Proof for Eyewitness Testimony
On November 29, 2012, the Oregon Supreme Court filed its unanimous decision in the consolidated...
Florida Supreme Court Upholds Legislature’s Changes to State Pension System
On January 17, 2013, in Scott v. Williams, 2013 FL 520 (Fla. 2013), the Florida...
Alabama Supreme Court Adopts “Innovator Liability”
In Wyeth, Inc. v. Weeks, the Supreme Court of Alabama, by an 8-1 margin, adopted...
Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges
Introduction Since the 2010 elections altered the makeup of many state legislative and executive branches,...
Declining to Follow Its Neighbor Missouri, the Kansas Supreme Court Holds Noneconomic Damages Cap in Medical Malpractice Cases Constitutional
The Kansas Supreme Court, in Miller v. Johnson,1 recently upheld Kansas’ statutory cap on non-economic...