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People v. Moon
Held that the right to a jury trial requires that the jury be sworn to try the case
Moore v. Stirling
Held that though habeas review is limited to constitutional issues, this includes alleged violations of a statute mandating sentence proportionality review because violations would implicate due process rights
State Courts Determine Whether Abortion Rights Amendments Will Go Before Voters
Cases in multiple states demonstrate the significant roles state judges play in the direct democracy process.
All Star Awards & Ad Specialties, Inc. v. HALO Branded Solutions
Held that a statutory damages cap did not violate the right to a jury trial because the relevant claims would not have been tried by a jury in 1820 when the constitutional right was adopted
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
Jessie Hill
Jessie Hill is the Judge Ben C. Green Professor of Law and director of the Reproductive Rights Law Initiative at Case Western Reserve University.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
Westlawn Cemeteries, LLC v. The Louisiana Cemetery Board
Held that a rule governing cemetery trusts exceeded the promulgating agency's authority, violating the constitution's separation of powers provision
Mellor v. The Parish of Jefferson
Held that a local traffic ordinance tasking school boards with enforcement violated home rule provisions which prohibit local legislative bodies from affecting school boards
