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Ex parte Warren Averett Cos.
Dissent would have ruled that contractual jury-waiver provisions should be construed narrowly to safeguard constitutional right to jury trials
Arkansas Department of Finance & Administration v. 2600 Holdings, LLC
Ruled sovereign immunity defense does not bar courts from issuing mandamus orders, but bars declaratory relief claim of medical marijuana applicant for not pleading unconstitutional or illegal state action
In re Flores (Anthony) on H.C.
Dissent would have granted review and found parole determinations without in-person hearings may not comport with constitutional guarantee of due process
State v. Sheffield
Concurrence wrote that trial court’s failure to swear in a dismissed and subsequently recalled alternate juror deprived defendant of the right to trial by a jury of twelve
Koussa v. Attorney General
Ruled initiative petitions related to the relationship between companies and app-based drivers and tort liability to third parties violated related subjects requirement
Colpack v. Attorney General
Ruled initiative petition affecting licensing of retail alcohol sales for off-premises consumption and expanding measures against underage purchases complied with related subjects requirement
State v. Riley
Concurrence wrote that state constitution affords greater protection against unreasonable searches and seizures, and the constitution requires more than a routine traffic stop to conduct a dog sniff search
Frazier v. Rhodenizer
Held that nearly six-year delay between driver’s license revocation hearing and issuing final revocation order violated respondent’s due process rights
Nestor M. Davidson
Nestor M. Davidson is the Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, Fordham Law School.
Will Courts Continue to Favor State Control Over Home Rule?
Constitutional amendments giving cities greater authority over local policy have repeatedly met resistance by state courts over the last century.
