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Ohana v. Univiversity of Hawai'i
Held that government has affirmative duty during rulemaking to enforce constitution’s Native Hawaiian traditional and customary rights provision
Darnell Battle
Darnell Battle was a law student at New York University who participated in the Brennan Center’s public interest law clinic.
What Litigation After the 2020 Election Can Tell Us About 2024
Efforts to disqualify mail-in ballots and unfounded allegations of voter fraud dominated post-election litigation in 2020. Similar efforts are possible this month.
State v. Smart
Ruled that circumstances giving rising to probable cause were not unforeseeable and spontaneous, thus police did not meet the automobile exception to justify a warrantless search of a car
Access to Reproductive Health Care for Minors Is a Political Flash Point
Courts in some states have ruled that laws requiring parental consent for abortion are unconstitutional, while Idaho forbids nearly all medical care for children without parental consent.
Wilson v. City of St. Louis
Ruled that provisions of a state parking statute creating duties for municipal officers violated the constitutional prohibition against certain laws affecting charter cities
Barron v. Kolenda
Ruled town’s public comment policy requiring remarks be respectful and courteous at town meetings was unconstitutional and violated right to assembly and right to free speech
Boan v. Florida Fifth District Court of Appeal Judicial Nominating Commission
Ruled that constitutional residency requirement for state court judges attaches at the time of appointment, not at the time of nomination
GM Berkshire Hills LLC v. Berks County Board of Assessment
Ruled that the school district's selective real estate tax assessment appeals did not violate the Uniformity Clause of the constitution when the district chose only recently sold properties for appeal
The Lilith Fund for Reproductive Equity v. Dickson
Ruled that statements allegedly defaming abortions rights group were protected opinion about abortion law made in pursuit of changing that law, and were protected speech
