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State v. Autele
Held that trial courts have discretion to determine whether the state constitutional right to be represented by retained counsel of choice is outweighed by other considerations, including ethical requirements or the potential for undue delay and disruption of trial
Sarah J. Morath
Sarah J. Morath is a Professor of Law and Associate Dean for International Affairs at Wake Forest University School of Law.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.
Bienvenu v. Defendant 1
Vacated prior ruling and held that a statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, did not conflict with state constitutional substantive due process protection against disturbing vested rights
Trump’s Threats to Withhold Disaster Relief Undermine Federalism Principles
The administration’s attempt to extract promises from states in exchange for federal funds also disregards established law preventing federal overreach into state matters.
Roman Realty, LLC v. The City of Morgantown
Ruled that the state constitution's takings clause does not require an eminent domain proceeding be initiated to ascertain just compensation, merely that just compensation must be paid
The Montana Legislature’s Partisan Attack on Judicial Independence
Dissatisfied with recent court decisions, the state legislature moves to change how judges are elected.
State v. Barr
Held that the mandatory consecutive sentence requirement in the Idaho Code did not violate the separation of powers provision of the Idaho Constitution
State v. Tran
Ruled that the Hawaii constitutional provision allowing the legislature to define jury unanimity required for a conviction of continuous sexual assault against a minor below 14 years of age did not violate Equal Protection Clause of the US Constitution
State ex rel. Parson v. Walker
Held that statute governing Governor's power to grant reprieves, commutations and pardons placed no limit on Governor's exclusive constitutional discretion over clemency matters
