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Helen Hershkoff
Helen Hershkoff is the Herbert and Svetlana Wachtell Professor of Constitutional Law and Civil Liberties at New York University School of Law. She is also a board member of the Brennan Center for...
‘History and Tradition’ in State Courts
Louisiana offers a potent argument that state courts need not march in lockstep with federal courts’ reliance on originalism.
When Does the U.S. Supreme Court Review State Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
Fire Protection Service v. Survitec Survival Products
Held that applying to a preexisting contract a statute prohibiting suppliers from terminating dealer agreements without good cause is not unconstitutionally retroactive
Holcomb v. Bray
Ruled that a law authorizing the legislature to call an emergency session through a simple resolution violated constitution’s fixed-by-law requirement as well as the distribution of powers mandate
Palade v. Board of Trustees of the University of Arkansas System
Ruled tenured faculty claims that university’s revised policy violated contracts and free communication clauses lacked standing, ripeness, and justiciability
Meyer v. Knudsen
Ruled constitution’s restriction that legislation by initiative may not appropriate funds does not apply to constitutional amendments proposed by initiative
Ex parte Pinkard
Ruled constitution’s absolute state immunity clause does not bar claims that name and seek relief only from individual state employees in their personal capacity
Shea v. State
Held that the constitution grants the legislature broad authority to determine public education policy, prohibiting judicial review of the adequacy and allocation of education funding
State v. Wellknown
Concurrence would have held that state constitution provides greater protection against discriminatory peremptory challenges than the federal constitution
