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State v. Cohee
Held that the state was entitled to a writ of prohibition to effectively compel a lower court judge to impose a recidivist life sentence, finding that the state’s pursuit of such a sentence did not violate equal protection and the imposition of such sentence for fleeing from a law enforcement officer with reckless indifference would not violate proportionality clause of state constitution
Fremin v. Boyd Racing, LLC
Ruled that statutory amendments that incorporated historical horse racing as a form of authorized pari-mutuel wagering on horse racing without requiring prior local voter approval were unconstitutional under Article XII, section 6(C) of the Louisiana Constitution
Welch v. United Medical Healthwest-New Orleans
Held that the Louisiana Health Emergency Powers Act's (LHEPA) immunity provision did not violate state constitution's access to courts and adequate remedy provision, due process provisions, nor its prohibition of special laws
Happel v. Board of Education
Held that the law of the land clause of the North Carolina Constitution protects both a parent's right to control her child's upbringing and the right to bodily integrity
Commons of Lake Houston v. City of Houston
Held that a floodplain regulation can effect a regulatory “taking” under the State Constitution even when the regulation is intended to promote compliance with the federal flood-insurance program
State v. Maestas
Held that only fees collected, not fines imposed, by the judicial department are subject to the limitations of Article VI, Section 30 of the New Mexico Constitution and a punitive contempt fee payable to a third party did not violate the provision
Republican National Committee v. Eternal Vigilance Action, Inc; Georgia v. Eternal Vigilance Action
Georgia Supreme Court ruled invalid under state nondelegation principles four of seven rules passed by the Georgia State Election board, while upholding one rule. The court did not decide the validity of two other rules, holding that the plaintiffs lacked standing to challenge the provisions.
William W. Berry III
William W. Berry III is Associate Dean for Research and Montague Professor of Law at the University of Mississippi.
How Courts and Litigators Can Help Redefine “Cruel” and “Unusual” Punishments
A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.
In re Doe
Held that the state Board of Medicine did not violate a physician's due process rights when it temporarily suspended his license after finding, ex parte at a regularly scheduled hearing, that there were sufficient facts to prove that he posed an imminent danger to life or health
