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States May Close the ‘Open Fields’ Exception to the Fourth Amendment
An appellate court in Tennessee became the latest to reject a significant exception to the federal protection against unreasonable search and seizure.
Joshua Windham
Joshua Windham is an attorney and Elfie Gallun Fellow in Freedom and the Constitution at the Institute for Justice.
Richard v. Speaker of the House of Representatives
Ruled no due process right to public legislative hearing on citizen's remonstrance where there is no constitutional mandate to assemble legislature to hear remonstrances
City of Olathe v. City of Spring Hill
Held that home-rule amendment to the Kansas Constitution does not abrogate the rule that a City Council cannot bind a future City Council to its policy decisions
Fight Over Employment Status of Uber and Lyft Drivers Moves Through State Courts
Ridehail and delivery drivers are pushing for greater workplace protections in California and Massachusetts.
Johnson v. State
Dissent would have held that order restricting petitioner’s future filings in forma pauperis violated constitutional right to access the courts
State v. Mascareno-Haidle
Ruled that, for pretrial detention, even if state shows dangerousness of the defendant, it is required to also prove that no conditions of release would reasonably protect the safety of the community
Salt Lake City Corp. v. Utah Inland Port Authority
Ruled statute’s inland port zoning provisions treating certain municipalities disparately had a legitimate legislative purpose
State ex rel. Kaul v. Prehn
Ruled agency board member’s expired term did not create vacancy justifying governor’s provisional appointment, and requiring for-cause only removal of member did not violate separation of powers principles
