Articles
Louisiana Supreme Court Strikes Down Statewide Voucher Program
On May 7, 2013, the Supreme Court of Louisiana ruled that its state’s statewide voucher...
Pennsylvania Supreme Court Permits Waivers for Future Negligence by Third Parties
On April 25, 2013, in Bowman v. Sunoco, a divided Pennsylvania Supreme Court held that...
Indiana Supreme Court Upholds Constitutionality of Vouchers for K-12 Education
In a landmark 5-0 decision, Chief Justice Brent Dickson of the Indiana Supreme Court delivered...
Florida Supreme Court Requires Fourth Amendment Protections for Emerging Technology
In Smallwood v. State of Florida, the Florida Supreme Court 2013 FL 1130 (Fla. 2013),...
Citing Rule Against "Log Rolling," Oklahoma Supreme Court Overturns Comprehensive State Tort Reform
The practice of tucking tax breaks or other legislative favors for special interests into “must...
Oklahoma Supreme Court Strikes Down Informed Consent Law
On December 4, 2012, in Nova Health Systems v. Pruitt, 2012 OK 103 (Okla. 2012),...
Virginia Supreme Court Expands Wrongful Discharge Cause of Action
In Van Buren v. Grubb,1 the Virginia Supreme Court ruled for the first time that...
Oregon Supreme Court Shifts Burden of Proof for Eyewitness Testimony
On November 29, 2012, the Oregon Supreme Court filed its unanimous decision in the consolidated...
Florida Supreme Court Upholds Legislature’s Changes to State Pension System
On January 17, 2013, in Scott v. Williams, 2013 FL 520 (Fla. 2013), the Florida...
Alabama Supreme Court Adopts “Innovator Liability”
In Wyeth, Inc. v. Weeks, the Supreme Court of Alabama, by an 8-1 margin, adopted...
Declining to Follow Its Neighbor Missouri, the Kansas Supreme Court Holds Noneconomic Damages Cap in Medical Malpractice Cases Constitutional
The Kansas Supreme Court, in Miller v. Johnson,1 recently upheld Kansas’ statutory cap on non-economic...
Pennsylvania High Court Hears Challenge to Voter ID Law
Voter ID laws, defined as laws requiring photo evidence of identification at the polls, are...
Virginia Supreme Court Limits Insurer's Duty to Defend in Climate Change Lawsuits
AES Corp. v. Steadfast Insurance Co.,1 was a closely watched Virginia Supreme Court case that,...
Tenth Circuit Rejects Challenge to the Judicial Merit Selection Process in Kansas
The U.S. Court of Appeals for the Tenth Circuit has become the latest federal appellate...
New Jersey Voters Overwhelmingly Approve Constitutional Amendment to Overturn Judicial Pensions Case
On Election Day 2012, New Jersey voters overwhelmingly approved the New Jersey Judicial Salary...
Missouri Supreme Court Overrules 20 Years of Precedent in Holding Noneconomic Damages Cap Unconstitutional
Overruling its own twenty-year precedent in Adams By and Through Adams v. Children’s Mercy Hospital1...
Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges
Introduction Since the 2010 elections altered the makeup of many state legislative and executive branches,...
State Action on Voter Identification: A National Survey
In recent years, the most politically divisive issue concerning election administration has been whether the...
Sunsetting the Tennessee Judicial Nominating Commission: What Now?
The text of the Tennessee Constitution states all judges “shall be elected by the qualified...
Overprotecting Public Employee Pensions: The Contract Clause and the California Rule
The Contract Clause, which prohibits states from making laws impairing the obligation of contracts, is...