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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.
Shefa v. Ellison
Held that a law requiring unanimous votes by the Board of Pardons did not violate constitutional provisions related to pardons or separation of powers
State v. Peoples
Held the warrantless search of the home of a person on probation did not violate the right to privacy or prohibition on unreasonable searches
State v. Comer
Held that juvenile defendants subject to mandatory lengthy sentences for homicide convictions are entitled to petition for a review of their sentence after serving 20 years in prison
State v. Wright
Held that arrest for a suspected traffic violation by a volunteer officer not authorized to make such an arrest violated the prohibition against unreasonable searches and seizures
Citizens for Fair Rates & the Environment v. New Mexico Public Regulation Commission
Rejected claims that law allowing public utilities to recover the costs of transitioning to renewable energy violates due process, prohibitions on impairing contract rights, and other constitutional provisions
Arizona School Boards Association, Inc. v. State
Held budget reconciliation bills violated constitution’s title requirement by not providing notice and senate bill violated single subject rule for containing discordant subjects
DuBose v. McGuffey
Dissent would have limited appellate court review of lower court bail determinations
In re Mohammad
Ruled regulation excluding inmates convicted of a felony from early parole was a reasonable interpretation of constitutional amendment providing for nonviolent offender parole reviews
