Articles
Missouri Looks to Reform the Missouri Plan
Missouri’s judicial selection process— known as the “Missouri Court Plan”—has been the subject of intense...
Judicial Selection Litigation in New York
As this series of articles demonstrates, judicial selection is a hot topic in many states...
Is the Tennessee Plan Constitutional?
Since 1994, the elections of judges for eight-year terms to the Tennessee Supreme Court have...
Missouri Supreme Court Unanimously Upholds Statute In Part Creating Civil Liability for Abortion Providers
In 2005, the Missouri legislature enacted a statutory provision that created civil liability for any...
Gay Marriage Update: Iowa & Maryland
Gay marriage litigation continues throughout the several states. Recently a trial court in Iowa struck...
Proposals to End Judicial Elections in Minnesota
The subject of judicial selection has received considerable attention in Minnesota this year. There are...
Court Bars California Governments from Retaining Private Contingency-Fee Counsel in Nuisance Suits
In a case with national significance, a local Santa Clara County Superior Court judge ruled...
Tribal Sovereign Immunity Does Not Bar California’s Suit over Campaign Contribution Disclosure Violations
Relying upon the Tenth Amendment and the Guarantee Clause of the U.S. Constitution, the California...
Parental Law in the States: Maryland, Minnesota, Pennsylvania
This article reviews recent state court cases in the area of family law which concern...
Michigan Supreme Court Upholds Voter Photo ID Law
On July 18, 2007, the Michigan Supreme Court upheld a provision of Michigan election law...
Missouri and New Jersey Courts Reject “Market Share” Liability for Lead Paint Manufacturers
Three recent state court decisions have rejected the theory of “market share” liability in nuisance...
New York and Maine High Courts Review State Financing of Schools
In the last year, the highest courts in New York and Maine issued important rulings...
West Virginia Supreme Court of Appeals Finds Significant Economic Presence Test Better Indicator for Nexus than Physical Presence Requirement
Nexus has been a vexing issue for the business community and state revenue departments for...
Washington Supreme Court Upholds Talk Show Hosts’ Right to Free Speech
In San Juan County, et al v. No New Gas Tax, the Washington Supreme Court...
South Carolina Supreme Court Creates New Duty of Medical Care Providers to Non-Patients
Last year, in Hardee v. Bio-Medical Applications of S.C., Inc., the Supreme Court of South...
Missouri High Court Finds Constitutional Right To Collective Bargaining for Public Sector Employees
In 2002, the Independence, Missouri school board adopted new terms of employment for the employees...
New York Court of Appeals Rules on Contraception Case
Seeking to advance women’s health and their overall treatment on terms equal to men, the...
California Supreme Court to Consider Partisan Government Campaigning
The California Supreme Court currently has before it a case involving the question of whether...