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Smith v. Fontes
The Arizona Supreme Court held an election statute requiring the Secretary of State to double count some invalid signatures violated the U.S. and state constitutions because it effectively raised the 15% signature threshold for proposing a constitutional amendment via initiative to 15.2%
State v. Alford
The Montana Supreme Court held that the mandatory minimum custodial sentence for felony DUIs was not facially unconstitutional under the Cruel and Unusual Punishment Clause in the state's constitution
State Court Oral Arguments to Watch for in April
Issues on the dockets include ranked-choice voting, de facto life sentences, so-called “shadow” foster care, and defamation against a drag performer.
Rutledge v. Clearway Energy Group LLC
Delaware Supreme Court upheld corporate law changes that retroactively alter the standard of review and relief the Chancery Court may award for certain transactions involving controlling shareholders
Joanna C. Schwartz
Joanna C. Schwartz is the Honorable Harry Pregerson Professor of Law at UCLA School of Law.
The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
Tobacco Settlement Endowment Trust Fund v. Stitt
Oklahoma Supreme Court held that a law providing that directors of a trust overseeing allocation of state funds may be removed at will violated a constitutional amendment providing the directors shall serve a specific term
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Montanans Against Irresponsible Densification v. State
Montana Supreme Court upheld housing reform laws against equal protection and right of public participation claims
