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New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
The Path Not Taken in Federal Takings Law
Debates from 19th century state conventions explain why some constitutions allow takings for “private use.”
A Conversation with Wisconsin Supreme Court Justice Rebecca Frank Dallet
Justice Rebecca Frank Dallet was elected to the Wisconsin Supreme Court in 2018. Prior to joining the court, she spent a decade serving as a judge on the Milwaukee County Circuit Court. In her interview, Dallet discussed equal access to justice, challenges to the rule of law, and her commitment to getting the law right.
Texas Department of Family & Protective Services v. Grassroots LeaderShip, Inc.
Held that there is no “public-interest exception” to mootness under the Texas Constitution
Spencer v. State
Held that gag order violated state free speech protections and was unconstitutionally vague under federal constitution
Coleman v. Board of Education
Kentucky Supreme Court held that a statute restructuring the relationship between a county's board of education and its school superintendent violated a prohibition against special or local legislation, modifying the court's prior decision upholding the law
Michigan High Court Could Break New Ground in Limiting Excessive Sentences
Michigan could be the first state to rule that life-without-parole sentences for people convicted of “felony murder” are unconstitutional.
Stewart v. Ramczyk
Held that New Mexico’s Speech and Debate Clause grants legislators immunity for legitimate legislative acts, regardless of motive
Commonwealth v. Anthony Lewis
Pennsylvania Supreme Court declined to adopt stringent test for the evidence required to designate an area “high crime” in order for that circumstance to be a factor in whether reasonable suspicion exists for a police stop, leaving it to the discretion of the suppression court
State v. Zarella
Held that in-camera review of confidential or privileged private records requires a compelling justification and proof the information cannot be obtained elsewhere
