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State v. Pulizzi
Ruled that the criminal defendant did not have an objectively reasonable expectation of privacy in his curbside garbage based on the city's waste collection ordinance requiring special permission from the city for an exemption from waste collection service
Missouri State Conference of the NAACP v. State
Missouri Supreme Court will review trial court decision upholding voter identification requirements as constitent with a state constitutional amendment that a voter "may be required by general law to identify himself or herself" and not violative of the state constitutional right to vote or equal protection.
Richard Michael Fay v. David Pedro
Oregon trial court found the corrections department had unconstitutionally inflicted cruel and unusual punishment and unnecessary rigor by failing to provide adequate medical treatment and diagnosis to an inmate for serious injuries sustained in prison, and ordered specific medical care to be provided.
Huskey v. Oregon Department of Corrections
Oregon Supreme Court considered whether a state constitutional clause providing that inmates should work or engage in on-the-job training while in custody but have no “legally enforceable right” to a job, training, or compensation, precludes an inmate who does not get such assignments from suing for lost wages. The court held the clause is not a barrier to pleading a claim for economic damages based on lost future income.
Mitchell v. University of North Carolina Board of Governors
North Carolina Supreme Court held that state courts interpreting state administrative regulations must employ de novo review and overruled any intermediate decision requiring deference to an agency's interpretation of its rules.
William W. Berry III
William W. Berry III is Associate Dean for Research and Montague Professor of Law at the University of Mississippi.
How Courts and Litigators Can Help Redefine “Cruel” and “Unusual” Punishments
A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.
Keisha Stokes-Hough
Keisha Stokes-Hough is a deputy director of legal management at the Southern Poverty Law Center.
The Alabama Constitution: Despite a Century of Updates, Traces of its Racist Past Linger
The constitution’s extensive amendments and inclusion of local government rules make Alabama’s constitution the country’s longest
Murray v. Dalton (In re Doe)
Held that Idaho’s statutes governing powers and duties of guardianship and governing resignation, removal, modification, or termination proceedings for guardians of minors, were rationally related to legitimate government interest in the minor’s safety and best interests and, thus, were not unconstitutionally broad or vague in violation of due process