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Sync Title Agency, LLC v. Arizona Corporation Commission
Arizona Court of Appeals held that juryless administrative hearings for civil securities charges do not violate the state constitution's jury trial right. The court relied on the same holding reached by a separate panel of the appeals court in EFG America v. Arizona Corporation Commission. The company plaintiff in EFG has petitioned the Arizona Supreme Court for review of this issue.
Firearms Owners Against Crime v. Commissioner of Pennsylvania State Police
Pennsylvania Supreme Court held that statute providing for "instantaneous" background checks of prospective gun purchasers requires provision of eligibility determinations as quickly as possible with the resources the agency has available, but found to be waived -- and declined to reach -- state constitutional claims that failing to provide immediate results violates purchasers' and sellers' inherent rights and right to bear arms.
Elliott v. City of College Station
Texas Supreme Court declined, based on constitutional avoidance and separation of powers principles, to resolve claim by residents of an extraterritorial jurisdiction that a clause preserving a “republican form of government” protects them from being subject to city regulations when they cannot vote in city elections. While the appeal was pending, the legislature changed the law to provide a process for opting out of the jurisdiction, of which the plaintiffs did not avail themselves.
Albert M. Rosenblatt
Albert M. Rosenblatt is the Historian for New York’s Unified Court System and teaches at NYU Law School. He served as a judge in New York, including its highest court, the Court of Appeals...
New York’s First Constitution Was a Reaction to British Rule
The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.
Manny Marotta
Manny Marotta is a legal and political journalist who has contributed articles to JURIST, The Hill, Business Insider, and other outlets. He is currently a law clerk with Fix the Court, where he...
State Supreme Court Justices and Ethics Investigations
Challenges faced by state judicial ethics bodies show the need for reform.
League of United Latin American Citizens of Iowa v. Pate
Iowa Supreme Court held organization did not have standing to seek to dissolve an injunction entered in a separate case that barred the secretary of state from providing voter registration forms in languages other than English, by claiming such materials fall within an exception to the state law underlying the injunction. The law generally requires all "official documents" to be in English but exempts "language usage required by or necessary to secure" state constitutional or federal law rights. According to the court, an organization's expenditure of resources in response to a law that does not violate or regulate its rights, status, or legal relations is not a legally cognizable injury.
Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”
States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.
Steven D. Schwinn
Steven D. Schwinn is a professor at the University of Illinois Chicago School of Law
