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State v. Hoffman
Held that a defendant's un-Mirandized statements made in response to a police officer's words "normally attendant to arrest and custody" were not admissible if the officer's statements "were reasonably likely to lead to an incriminating response," thus constituting an "interrogation" under art. 1 sec. 10 of the Hawaii Constitution
Mass Land Acquisition, LLC v. The First Judicial District Court of the State
Held that the Nevada Constitution's provision prohibiting the use of eminent domain to transfer property “from one private party to another private party” did not preclude an investor-owned public utility from exercising its delegated power of eminent domain to take an easement across a property for an intrastate natural gas distribution pipeline
Assessing the State Reaction to the Supreme Court’s Undermining of Property Rights
Twenty years after Kelo v. City of New London, there has been much progress, but abusive takings continue in many states.
MacDonald v. Simon
Held that a lawyer with suspended license was not “learned in the law” as required by the Minnesota constitution, and thus was not eligible to run for election as a justice of the Minnesota Supreme Court
How Not to Criticize a Judge
The Montana Supreme Court recently splintered over internal accusations of partisan bias.
Individual Members of the Medical Licensing Board of Indiana v. Anonymous Plaintiff 1
Appellate court upheld a temporary injunction against Indiana's 2022 abortion ban based on religious freedom claims, but held the injunction was overly broad because it enjoined enforcement of the abortion law in ways that did not violate the state's religious freedom act. Remanded for entry of a narrower injunction. Indiana Supreme Court did not take up an appeal of the appellate court ruling, leaving it in place.
Ex parte Jackson Hospital & Clinic
Ruled that the Governor's emergency proclamation limiting healthcare providers' liability for negligence as to COVID-19 was neither unconstitutional under the separation-of-powers clause nor the provision that only the Legislature could suspend laws, nor did it violate the constitutional prohibition on curtailing a right to a remedy
The Trouble Between Trump and the States on Education Policy
School services, funding, and DEI programs are at stake.
Dylan Erikson
Dylan Erikson is a student at NYU Law School. He previously participated in the Brennan Center’s Public Policy Advocacy Clinic.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
