Articles
New Jersey Demands More from Eyewitnesses: State v. Henderson
On November 2, 2011, the Supreme Court of the United States heard arguments in Perry...
Duties to the Unborn: Alabama Supreme Court Deems Viability Irrelevant to Fetal Wrongful-Death Actions
April Mack sued to recover for the wrongful death of her unborn child, who miscarried...
Washington Supreme Court Rules on Attorney General's Discretion to Enter Litigation in Two Landmark Cases
The Washington Supreme Court in September issued two of its most highly-anticipated rulings in recent...
Nebraska High Court Applies Common Law Doctrine of In Loco Parentis to Confer Standing on Former Same-Sex Domestic Partner in Child Custody Dispute
With the use of surrogates, in-vitro fertilization, adoption, and egg and sperm donation, same-sex couples...
Arkansas Supreme Court Strikes Down Ban on Adoption by Unmarried Cohabitating Couples
In a unanimous opinion handed down on April 7, 2011, the Arkansas Supreme Court invalidated—on...
North Carolina Appellate Court Decides when Municipality May Be Held Liable in Public Park Case
In June 2007, seventeen-year-old Eric Williams died tragically at a public park in Elizabeth City,...
New York State's Highest Court Reverses Major Tort Award in World Trade Center Bombing Litigation
On September 22, 2011, the New York State Court of Appeals issued a decision reversing...
California Supreme Court Broadly Construes Unfair Competition Law
The principal consumer protection statute in California, known as the Unfair Competition Law (UCL),1 provides remedies...
New York’s Highest Court Narrows the Assumption of Risk Defense to Tort Liability
On April 6, 2010, the New York State Court of Appeals rejected use of the...
North Carolina Appellate Court Questions the Constitutionality of Campus Police at Universities with Religious Heritages in State v. Yencer
In late August, as colleges and universities across North Carolina were preparing to welcome back...
Better Alive Than Dead
When David Hockenberry, a man with profound mental retardation, came down with pneumonia in 2007,...
Habeas Petitioner Denied Use of Sentence Reduction Credits
In Jones v. Keller,1 the North Carolina Supreme Court denied a prisoner’s release after the prisoner asserted...
New Jersey Supreme Court Requires Police to Give Breathalyzer Warnings in Foreign Languages
When a police officer stops a suspected drunk driver in New Jersey, and the driver...
A Report on Tennessee Attorney General Selection
Under the Tennessee Constitution, attorneys general are selected by the justices of the Supreme Court...
State Court Challenges to Legislatively Enacted Tort Reforms
Introduction Over the past three decades, proponents of civil liability reform have made significant gains.1 Propelled...