Students and Parents Bring State Constitutional Challenges to Racial Segregation in Schools
Seventy years after Brown v. Board of Education, state constitutions may be the best path to desegregation.
Cases, Courts, and Constitutions Across the 50 States
Massachusetts Breaks New Ground in Limiting Youth Punishments
A series of State Court Report essays analyze the broader implications of the ruling.
Massachusetts Looks to International Sources to Inform ‘Evolving Standards of Decency’
In declaring life without parole unconstitutional for people under 21, the state’s high court cited sentencing practices in Canada and the United Kingdom.
Massachusetts Rejects Harmful Federal Standard for Evaluating Whether Punishment Is Unconstitutional
The state supreme court’s decision outlawing life without parole for people aged 18 to 20 is notable for both its outcome and the test it used to get there.
Massachusetts Reminds Youth Defense Attorneys to Consider State Constitutions
By holding that life without parole sentences are unconstitutional for anyone under 21, the Massachusetts high court goes far above the federal floor.
Commentary
Single-Subject Rules Can Prevent Perverse Outcomes but Give Judges Enormous Power
Single-subject requirements were used to strike down a Missouri law criminalizing homelessness and also helped undermine attempts to protect abortion access in other states.
The Major Questions Doctrine in Texas
The Texas Supreme Court’s nod last year toward the major questions doctrine was premature, given the differences between Texas and federal institutions.