Articles
Courts As School Boards
Public schools in South Carolina are now under judicial oversight. Right after Christmas, a state...
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...
The State of Eminent Domain Law
Introduction When Justice John Paul Stevens wrote the majority opinion in Kelo v. New London,...
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...
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...
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,...
A Focus On: Washington Supreme Court
Reg’l Transit Auth. v. Miller, 156 Wn.2d 403 (Wash. 2006) was the occasion for the...
Reflections on the Wisconsin Supreme Court
Editor’s Note: This article is excerpted from the Hallows Lecture that was given by the...
Colorado’s Immigration Reform
On June 12, 2006, the Colorado Supreme Court refused to allow a ballot initiative that...
Michigan Supreme Court Takes Step to Address Asbestos Litigation Problems
Asbestos-related lawsuits filed by claimants who are not sick have occupied the courts in Michigan...
Ohio Supreme Court Limits Eminent Domain
Since the Supreme Court’s decision in Kelo v. New London1 last year, eminent domain and...
Judicial Speech in Kansas
The Supreme Court held in Republican Party of Minnesota v. White1 that the announce clause...
FDA Labeling and State Liability
Were state and federal courts to defer sufficiently to FDA determinations of drug safety, the...
Same-Sex Marriage in the State Courts
Gay marriage litigation continues to occur in several states. In the first half of 2006,...
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 Predictable Unpredictability of the Georgia Supreme Court
National awareness of the debate surrounding the proper role of judges in interpreting and applying...
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...
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...
Texas-Sized Transformation: The Conservative Counterrevolution on the Texas Supreme Court
Over the past twenty years, it is quite possible that no state supreme court has...
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...