Articles
Ohio Supreme Court Limits Eminent Domain
Since the Supreme Court’s decision in Kelo v. New London1 last year, eminent domain and...
FDA Labeling and State Liability
Were state and federal courts to defer sufficiently to FDA determinations of drug safety, the...
Judicial Speech in Kansas
The Supreme Court held in Republican Party of Minnesota v. White1 that the announce clause...
The Florida Supreme Court: Judicial Activism & Judicial Self-Restraint – Some Examples
This paper is about judicial activism and judicial self-restraint. These terms can mean different things...
The Colorado Supreme Court: Independence or Activism?
Politicians, academics, and even U.S. Supreme Court Justices have joined the debate over the role...
The Predictable Unpredictability of the Georgia Supreme Court
National awareness of the debate surrounding the proper role of judges in interpreting and applying...
Staying the Course: An Update on the Alabama Supreme Court
From 1994-2004, the Alabama Supreme Court underwent a significant transformation—a transformation in both legal philosophy...
The Washington Supreme Court: A Special Issue Report
But, in light of the American constitutional understanding of the separation of powers, we need...
“Eight Ways to Sunday”: Which Direction, Kentucky Supreme Court?
Attempted synthesis of the rulings of Kentucky’s highest court threatens to go the proverbial “eight...
Increasing the Security of Elections: The Effect of Identification Requirements on Turnout of Minority Voters
Voter fraud is a well-documented and existing problem in the United States. While it is...
Reflections on the Wisconsin Supreme Court
Editor’s Note: This article is excerpted from the Hallows Lecture that was given by the...
A Focus On: Washington Supreme Court
Reg’l Transit Auth. v. Miller, 156 Wn.2d 403 (Wash. 2006) was the occasion for the...
Tennessee Supreme Court Rejects Challenge to Term Limits
In Bailey v. County of Shelby, No. W2005-01508-SCR11-CV, 2206 Tenn. LEXIS 208 (Tenn. March, 29,...
New York Court Limits Preemption of State’s Labor Law
Distinguishing the United States Supreme Court’s decision in Hoffman Plastic Compounds Inc. v. National Labor...
State-Level Protection for Good-Faith Pharmaceutical Manufacturers
In 1996, the Michigan legislature enacted a common-sense proposition into law: drug-safety determinations should be...
The State of Eminent Domain Law
Introduction When Justice John Paul Stevens wrote the majority opinion in Kelo v. New London,...
Florida Supreme Court Strikes Down School Voucher Program
Since 1999, Florida’s Opportunity Scholarship Program (the “OSP”)1 provided students in failing public schools,2 which...
Texas Supreme Court Declares the State School Finance System Unconstitutional
The Texas Supreme Court recently issued a decision interpreting two key provisions of the state...