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Takings Clause Victory Would Not Fix Michigan’s Tax Foreclosure System
Cases challenging the constitutionality of government profits from foreclosure sales distort real sources of injustice.
Alex Alsup
Alex Alsup is vice president of research and development at the nationwide land parcel data company ...
Caruso v. Eighth Judicial District Court of Nevada
Dissent would have held that separation of powers prohibits a state legislator from also serving as a prosecutor, an executive branch function
Metropolitan Government of Nashville & Davidson County v. Tennessee Department of Education
Ruled that a program redirecting money from local public school systems directly to some students to pay for private school tuition did not violate home rule provision
City of Baytown v. Schrock
Concurrence emphasized the protections provided by the state takings clause, but agreed that property damage due to civil enforcement of an ordinance is not enough to sustain a regulatory takings claim
One Simple Way to Support State Constitutionalism
A symposium grapples with practical barriers to state constitutional development.
State v. McAlpin
Dissent would have held that defendants have a constitutional right to hybrid representation, in which defendant and defense counsel share responsibilities
City of Wells Fargo v. McAllister
Held that the constitution's "quick take" takings provision allowing the government to acquire a right of way over private properties applies to a sewage project, not only roads and highways
State v. Morel-Vargas
Ruled defense counsel's representation that the defendant waived his right to testify, together with the defendant's silence, satisfied constitutional requirement for a valid waiver
Hicks v. 2021 Hawaii Reapportionment Commission
Held that the reapportionment commission satisfied redistricting provisions even though the plan does not meet every guideline because it considered those guidelines alongside other policy objectives
