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Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
Jennifer M. Chacón
Jennifer M. Chacón is the Bruce Tyson Mitchell Professor of Law at Stanford Law School.
State Courthouses in the ICE Age
The Trump administration’s actions signal a sea change in immigration enforcement and a broader assault on state and local governments.
Steven H. Steinglass
Steven H. Steinglass is dean emeritus and professor emeritus at Cleveland State University College of Law. His blog tracks developments of the...
The Ohio Constitution: Its History and Its Future
Recent amendments, and fights against them, demonstrate the importance of the state constitution.
Honoring Former Hawaii Justice Masaji Marumoto’s Legacy on the Bench
A look at Marumoto’s trailblazing career, in celebration of May’s Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month.
Gotay v. Creen
Massachusetts Supreme Judicial Court held that a “special relationship” exists between foster children and the state that imposes an affirmative duty on the state to ensure a reasonably safe foster home environment, but found the state defendants were entitled to qualified immunity on the parent and guardian's substantive due process claim.
State v. Nelson
Held that community custody conditions requiring the criminal defendant submit to breath analysis and urinalysis testing to monitor compliance with conditions prohibiting use of alcohol and unprescribed drugs were supported by authority of law, and thus were constitutional under art. 1 sec. 7 of the Washington Constitution, regardless of whether they were related to his specific crimes
Dupuis v. Roman Catholic Bishop of Portland
Held that a law that revived claims based on sex acts toward minors that were previously time-barred impairs a defendant's vested right to be free from a claim once its statute of limitations has expired, finding that a prohibition on laws reviving expired claims "runs as a theme" throughout the text of Maine's Constitution.
State v. Francisco Edgar Tirado
Held that North Carolina's "cruel or unusual" punishment clause — construed consistently with a separate state constitutional provision specifying the types of punishment laws may impose, without limitations based on age — would provide less protection against life-without-parole sentences for juveniles than the Eighth Amendment, so must be interpreted in lockstep with the federal "cruel and unusual" punishment clause.
