Articles
California Supreme Court Upholds Prop 22, Allows App-Based Drivers to Keep Working as Contractors
After years of litigation, the California Supreme Court upheld Proposition 22, a ballot initiative allowing app-based...
Ohio Supreme Court Rules Police Can Extend Traffic Stops to Verify Driver’s License
The Ohio Supreme Court’s decision in State v. Dunlap arose from a routine traffic stop...
No Standing in Challenge to Legislature’s Appropriation of Federal Funds to Private Schools Says Mississippi Supreme Court
Midsouth Association of Independent Schools v. Parents for Public Schools was a challenge to...
Montana Supreme Court Strikes Down Parental Consent Abortion Law
Twenty-seven states require parental consent for a minor to have an abortion.[1] And fifteen...
Illinois Supreme Court Addresses Expectations of Privacy in Hospital Trauma Rooms
In People v. Turner, the Supreme Court of Illinois addressed the issue of whether an...
Nebraska Supreme Court Rejects Single-Subject Challenge to Law Limiting “Gender Altering” Procedures and Abortions
Does a bill that limits gender-altering procedures and abortions “contain more than one subject”?...
Challenge to New York Ballot Canvassing Law Thrown Out by State High Court
On October 31, 2024, in Amedure v. State, the New York State Court of Appeals...
Pandemic Orders and the Right to Earn a Living in North Carolina
In March of 2020—during the early stages of the COVID-19 pandemic—North Carolina Governor Roy Cooper...
Unrecorded Deeds and Adverse Possession at the Tennessee Supreme Court
You may remember the typical requirements for making an adverse possession claim from law...
South Carolina Supreme Court Holds Unconstitutional Law Providing State Funds to Students for Private School Expenses
The South Carolina Legislature passed the Education Scholarship Trust Fund Act (ESTF) to “provide scholarships...
Iowa’s Constitution Provides a Legislative Privilege Despite Lacking a Speech or Debate Clause
A civil rights organization, the League of United Latin American Citizens of Iowa (LULAC),...
Arbitration Unconscionability and Severability In California
On July 15, 2024, the California Supreme Court issued a unanimous decision in Ramirez v....
Iowa Supreme Court Rejects Challenge to K-9’s Brief Contact With Car During Sniff
In State v. Bauler, the Iowa Supreme Court considered whether the U.S. or Iowa...
Ohio Supreme Court Rules a Bone in “Boneless” Wing Doesn’t Make a Food Supplier Negligent
In Berkheimer v. REKM, L.L.C.,[1] the Ohio Supreme Court determined that the presence of a...
Massachusetts High Court Strikes Down Switchblade Ban under Bruen
In Commonwealth v. Canjura,[1] the Massachusetts Supreme Judicial Court addressed whether the state's prohibition on...
Church, State, and Charter Schools: The Fight Over Faith-Based Public Education in Oklahoma
In 1999, Oklahoma enacted the Oklahoma Charter Schools Act (Act).[1] Its purpose was multi-faceted:...
Texas Court Confronts Misleading Political Communications and the First Amendment
Can states prohibit “misleading” political communications? Not if the First Amendment has anything to say...
Florida Supreme Court Affirms Constitutional Power of Governor to Suspend Rogue Prosecutors
Florida’s Governor, Ron DeSantis, suspended Monique Worrell from her position as the State Attorney for...