Articles
Supreme Court of Texas Says Calling Abortion Murder Is Protected Speech, Not Defamation
In Lilith Fund for Reproductive Equity v. Dickson, the Supreme Court of Texas held that...
The Nevada Supreme Court Recognizes a Damages Remedy Directly Under Its State Constitution
Last year, two state supreme courts, within five months of each other, issued two decisions...
North Dakota Supreme Court Concludes State Constitution Protects the Right to Abortions to Preserve Life or Health
In Wrigley v. Romanick,[1] the North Dakota Supreme Court addressed a trigger law that criminalized...
Minnesota Supreme Court Grapples with Voting Rights and Equal Protection
The Minnesota Supreme Court recently decided a challenge to Minnesota’s system for restoring voting rights...
In Nevada, Pandemic Sunsets but Novel Powers are Preserved
A recent decision by the Nevada Supreme Court has given one state agency considerable power...
Washington Supreme Court Allows Some Claims To Proceed in Challenge to Delivery Fee Ordinance
In a recent Washington Supreme Court decision, Washington Food Industry Association v. City of Seattle,...
Biometric Privacy Ruling at Illinois Supreme Court Could Cost White Castle Billions
White Castle may be best known for its sliders, but after this year, Illinois lawyers...
Iowa Supreme Court Upholds the Warrantless DNA Analysis of a Drinking Straw Collected from a Fast-Food Restaurant
In State v. Burns, the Iowa Supreme Court considered whether police violated the U.S. or...
Textualism, Governmental Immunity, and the Common Law at the Tennessee Supreme Court
Writing for a unanimous Tennessee Supreme Court in Lawson v. Hawkins County, Justice Sarah Campbell...
Arizona Supreme Court Takes Aim at Legislative Intent in Tax Case
Arizona Department of Revenue v. Tunkey[1] concerned Arizona’s transaction privilege tax (“TPT”). The unanimous Arizona...
Florida Supreme Court Identifies Limits on Governmental Immunity Doctrines
In the recent decision Fried v. Florida, the Florida Supreme Court confronted the tension between...
Public records, Excel spreadsheets, and textualism: Kansas Supreme Court affirms the separation of powers
Within the American system of government, legislative authority is the sole prerogative of the people’s...
Idaho Supreme Court rejects controversial ethics rule 8.4(g)
The Idaho Supreme Court recently took the extraordinary step of unanimously rejecting a proposal by...
Montana Supreme Court Preliminarily Enjoins Three Laws Concerning Abortion
In the wake of the return of the abortion rights issue to the states, many...
North Carolina Supreme Court Invalidates Redistricting Map and Voter ID Law Enacted By Legislature
State courts often play an important role in reviewing and interpreting state laws that govern...
Ohio Supreme Court Holds That the Courts, Not State Agencies, “Say What the Law Is.”
In a recent opinion by Justice Patrick DeWine, the Ohio Supreme Court unanimously reaffirmed that...
2022 Civil Justice Update
This paper reviews key civil justice issues and changes in 2022. Part I discusses the...
State Court Docket Watch: Young Americans for Liberty v. St. John IV
In Young Americans for Liberty at the University of Alabama in Huntsville v. St. John...