Articles
Did the Majority of Ohio Supreme Court Justices Signal the End of Chevron Deference?
Ohio State ex rel. McCann v. Delaware County Board of Elections On first...
Challenge to Sore Loser Election Law Fails
West Virginia State ex rel. Blankenship v. Warner After Don Blankenship lost his...
Title IX Reform: A California Court Takes the Lead
California John Doe v. University of Southern California There are no real...
Herr v. U.S. Forest Service
On Monday, the U.S. Supreme Court denied certiorari in SWC, LLC v. Herr, ending a...
State of Indiana v. Norfolk S. Ry. Co.
The Indiana Supreme Court unanimously held that Indiana’s blocked-crossing statute is expressly preempted by the...
Lair v. Mangan
Is the Supreme Court of the United States set to expand First Amendment protection for...
Cooper v. Berger
In State ex rel. Cooper v. Berger, No. 52PA17-2 (N.C. Jan. 26, 2018), the Supreme Court...
Blankenship v. Secretary of State
After Don Blankenship lost his primary bid to be the Republican candidate in the 2018...
Coloradans for a Better Future v. Campaign Integrity Watchdog
In 2012, Colorado’s Republican voters faced a choice in the campaign for Colorado University’s Board...
League of Women Voters v. Commonwealth of Pennsylvania
In League of Women Voters v. Commonwealth of Pennsylvania, the Supreme Court of Pennsylvania determined that...
Gunderson v. State of Indiana
In Gunderson v. State of Indiana, the Indiana Supreme Court, unanimously, held that 1.) Indiana owns...
Espinoza v. Montana Department of Revenue
School choice has been a hot political issue this year, and now it is firing...
Alamo Heights Independent School District v. Clark
Texas’s employment discrimination statute (the Texas Commission on Human Rights Act, codified in the Texas...
Maine Senate v. Secretary of State
In Maine Senate v. Secretary of State, the Maine Supreme Judicial Court (referred to as the...
Lexington-Fayette Urban County Human Rights Commission v. Hands On Originals
May the government force a Democrat to make signs for a Republican politician, a gay...
State of Alaska v. Alaska Democratic Party
In State of Alaska v. Alaska Democratic Party, the Supreme Court of Alaska affirmed a lower...
Colorado Oil & Gas Conservation Commission v. Martinez
Are concerns over climate change sufficient to prevent all new oil and gas development in...
In the Matter of Property Seized from Jean Carlos Herrerra and Fernando Rodriguez
On May 25, the Iowa Supreme Court issued an opinion in the case In the Matter...
Tetra Tech v. Wisconsin Department of Revenue
Across the country, conservatives and libertarians are making it a priority to roll back the...
Violet Dock Port, Inc, LLC v. St. Bernard Port, Harbor & Terminal District
One of this year’s most acclaimed films, Little Pink House, has resurrected old wounds from the...
Citizens Protecting Michigan’s Constitution v. Secretary of State
On July 30, 2018, the Michigan Supreme Court in Citizens Protecting Michigan’s Constitution v. Secretary of...
Ex parte Jessie Livell Phillips
Jessie Livell Phillips shot and killed his wife, Erica Phillips, on February 27, 2009. Testimony...
Regents of the University of California v. Superior Court
Once again California has moved ahead of other states in expanding exposure to tort liability,...
Board of Trustees of the University of Arkansas v. Matthew Andrews
Article 5, section 20 of the Arkansas Constitution declares that “[t]he State of Arkansas shall...
The People of the State of Illinois v. Walter Relerford
After interning, Walter Relerford interviewed for a position and continued sending emails and phone calls...
Pension Benefits and The California Rule: Time for It To Go?
The “California Rule” as it has come to be known, was set forth in the...
North Dakota Legislative Assembly v. Burgum
The separation of powers between executive and legislative branches is an important and central feature...
Electronic Classroom of Tomorrow v. Ohio Department of Education
In Electronic Classroom of Tomorrow v. Ohio Department of Education, the Ohio Supreme Court held that...
Standing in Ohio – Preterm-Cleveland, Inc. v. Kasich
Preterm-Cleveland, Inc., v. Kasich,[1] establishes two important issues of Ohio constitutional law. First, a litigant who wishes...
California Cannabis Coalition v. City of Upland
Unlike our federal structure of government, which places the legislative power exclusively in the hands...
Hunsucker v. Fallin
With certain limited exceptions, the Oklahoma Supreme Court has in the past followed the U.S....
Cooper v. Berger et al.
“A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.” So...
State v. Jean
Does a passenger traveling with the owner of a private vehicle have a reasonable expectation...
Eyman v. Wyman; Ball and Gottlieb v. Wyman
The Washington Supreme Court issued decisions in two cases addressing procedural mandates of the state...
King v. Mississippi Military Department
In an 8-0 decision on June 7, 2018, the Mississippi Supreme Court announced that it...
Savely v. Utah Highway Patrol
Suppose a police officer takes cash from you saying it is being forfeited but that...
Black v. Central Puget Sound Regional Transit Authority
This lawsuit, now pending appeal to Washington’s intermediate appellate court, seeks to enforce a constitutional...
1A Auto, Inc. v. Sullivan
Massachusetts law bans for-profit corporations and other business entities from contributing to political candidates and...
Zarate v. Tennessee of Cosmetology and Barber Examiners
Why should a barber have to graduate high school? Barbers cut hair. They don’t need...
The Case for Partisan Judicial Elections
This paper is the first in a series of papers commissioned by the Federalist Society...
The Case for Political Appointment of Judges
This paper is the second in a series of papers commissioned by the Federalist Society on...
2018 Civil Justice Update
Note from the Editor: The Federalist Society takes seriously its responsibility as a non-partisan institution...