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When Can States Prosecute Federal Agents?
Federal precedent permits such prosecutions in limited circumstances, but the legal bar remains high.
Case Trends: State Courts Grapple with Gun Rights
Multiple courts last year upheld state laws that restricted the right to bear arms. Courts also struggled to interpret related U.S. Supreme Court decisions.
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
The Path Not Taken in Federal Takings Law
Debates from 19th century state conventions explain why some constitutions allow takings for “private use.”
A Conversation with Wisconsin Supreme Court Justice Rebecca Frank Dallet
Dallet discussed equal access to justice, challenges to the rule of law, and her commitment to getting the law right.
Commonwealth v. Kurtz
Pennsylvania Supreme Court held, in a split decision, that there was no enforceable expectation of privacy in Google searches of a victim's name and address
Chilutti v. Uber
Pennsylvania Supreme Court vacated, without reaching merits, appellate decision finding state jury trial right requires a stricter standard than federal caselaw for when online arbitration agreements are enforceable against users who lack actual knowledge of the terms, finding the appellate court lacked jurisdiction
State v. Good Day Farm Arkansas
Arkansas Supreme Court held that a provision that voter-approved measures may be amended or repealed by a two-thirds vote of the legislature permits legislative changes to citizen-initiated constitutional amendments
Opternative, Inc. v. South Carolina Board of Medical Examiners
South Carolina Supreme Court ruled a law prohibiting glasses and contact prescriptions based solely on online vision tests, without an in-person eye exam, did not violate telehealth business’s due process or equal protection rights
Michigan High Court Could Break New Ground in Limiting Excessive Sentences
Michigan could be the first state to rule that life-without-parole sentences for people convicted of “felony murder” are unconstitutional.