Articles
Recent State Cases Largely Support Property Rights
The state courts have continued to issue environmental law and property rights cases. Some support...
Litigation over State Education Financing in Kansas
“The history of education since the Industrial Revolution shows a continual struggle between two forces:...
Recent Developments in State Corporate Criminalization
Following the recent spate of corporate accounting scandals, popular attention has focused on legislative responses...
“A Cloud Of Condemnation:” Expanding The Definition Of A Compensable Taking Under The Minnesota Constitution
Friedrich Hayek, the renowned Austrian economist, opined in his epic Road to Serfdom that “[t]he...
New Limit on Punitive Damages? A Look At State Farm v. Campbell
In April of 2003, the United States Supreme Court again undertook to define what limits...
Opposing A New Theory Of Tort Liability For Employers
Employers in Massachusetts closely watched a recent case to see if the state’s high court...
Eminent Domain in Minnesota
The Minnesota Court of Appeals has affirmed a landowner’s constitutional right to judicial review of...
An Examination of Cheney vs. U.S. District Court
For a Supreme Court that takes a fairly expansive view of its own powers, the...
Nationwide Class Action Litigation (Oklahoma)
The Oklahoma Supreme Court recently handed down a decision upholding the certification of a nationwide...
Education Policy (New York)
The New York Court of Appeals, which is the highest State Court in New York...
Champerty and Maintenance (Ohio)
The Supreme Court of Ohio applied the state’s common law doctrines of champerty and maintenance...
Extraterritorial Application of State Antitrust Law (Texas)
In a recent opinion affirming a jury verdict against The Coca-Cola Company and several Coca-Cola...
Tort And Federal Preemption (Florida)
The Florida state court system recently closed its books on an important tort and federal...
Judicial Interpretation and Separation of Powers (California)
A recent California decision respecting the reach of that state’s motion for reconsideration rule presented...
Judicial Recess Appointments: A Survey of the Arguments
This paper considers the President’s power to make recess appointments to the federal judiciary. Part...
Sexual Harassment Law (Michigan)
The Michigan Court of Appeals recently upheld a twenty-one million dollar jury verdict in a...
Mass Tort (Mississippi)
In 2000, a group of 155 plaintiffs filed suit against the manufacturers of the prescription...
Judicial Ethics (Alabama)
In litigation pending since 1996, 3,500 plaintiffs sued the Monsanto Company and two successor corporations...