Articles
Should We Keep this Court? An Economic Examination of Recent Decisions Made by the West Virginia Supreme Court of Appeals
There has been much discussion lately about whether West Virginia’s economy could be bolstered by...
A More Modest Court: The Ohio Supreme Court's Newfound Judicial Restraint
The Ohio Supreme Court has changed significantly over the past six years. Significant turnover on...
The Louisiana Supreme Court: Interpreting the Law or Making Policy?
In anticipation of the elections this year for two seats on the Louisiana Supreme Court,...
On the Side of Angels: Updating the Mississippi Supreme Court's View of the Judicial Role, 2004-2008
As with any public official, once judges have broadened powers—whether properly constituted or not—they prune...
The State of the Washington Supreme Court: A 2008 Update
Nearly two years ago the authors prepared a report that reviewed recent cases by the...
Minnesota: Vacation Question is Settled, But Contract Issue Surprises Employers
After more than a year of confusion, Minnesota employers breathed a sigh of relief when...
Oklahoma: The Inverted Federalism of Grider v. Compaq
In Phillips Petroleum Co. v. Shutts, the U.S. Supreme Court held that due process prohibits...
Connecticut Supreme Court Reverses $41 Million Judgment in Construction Injury Case
In a case of great interest to the construction industry and the plaintiff’s personal injury...
Ohio Supreme Court Upholds Civil Liability Reforms
The Ohio Supreme Court has a long and somewhat controversial history of striking down laws...
Washington Supreme Court Round-Up: 2007 Highlights
The Washington Supreme Court recently issued another much publicized opinion, ruling 5-4 that the voters...
California: In re Marriage Cases
Gay marriage litigation continues throughout the several states. On May 15, 2008, the California Supreme...
Everyone's Business: Emerging Issues in the Wisconsin Supreme Court
The purpose of this paper is not to rehearse the arguments that I made last...
Will the Missouri Supreme Court Order $1 Billion for Public School Financing?
A 1993 Missouri trial court ruling forced the largest tax increase is Missouri history, $310...
Merit Selection and School Reform
Few areas of law are the source of more contentious litigation than education cases, particularly...
A Report on Reauthorization of the Tennessee Plan
In June of 2008, some of the operative provisions of Tennessee’s method of selecting appellate...
Judicial Recess Appointments: A Survey of the Arguments -- An Addendum
On December 31, 2007 the Senate adjourned sine die, concluding its first session. In 2004,...
Selection to the Kansas Supreme Court
Kansas is the only state in the union that gives the members of its bar...
Nevada Legislature Passes Proposal to Change Judicial Selection Process
Presently, judges in Nevada are selected through contested, non-partisan elections. However, earlier this year the...