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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.
Dan Lewerenz
Dan Lewerenz is an assistant professor at the University of North Dakota School of Law.
Tribal Courts and Constitutions of American Indian Tribes
Tribal courts and constitutions shape governance for American Indian tribes, balancing sovereignty with federal law in their unique legal systems.
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.
Cross v. State
Affirmed a lower court's preliminary injunction against Montana's ban on gender-affirming care for minors. Applying strict scrutiny, the state high court held that the trial court did not abuse its discretion in concluding that the ban likely violates the state constitution's express right to privacy.
The Lawsuits to Expel Texas’s Democratic Lawmakers Lack Any Support
The governor and attorney general’s claims that the state supreme court should expel lawmakers who fled the state to stop the legislature from gerrymandering congressional districts are unsubstantiated and contradictory.
New Jersey’s Constitution Allowed Women to Vote in the 1700s
Though the right was short-lived, it’s an example of how states can expand — and contract — voting rights.
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
