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Roman Catholic Archbishop of Washington v. John Doe, Board of Education of Harford County v. Doe, The Key School, Inc., et al. v. Valerie Bunker
Maryland Supreme Court held that a law repealing a prior time bar for child sex abuse claims — which had prevented victims from suing once they turned 38 — did not violate a defendant's vested right to be free from liability because the prior time bar was an ordinary statute of limitations, not a statute of repose.
Law Student Cheat Sheet: Understanding State Courts and Constitutions
As the school year kicks off, we’ve rounded up some of our top explainer essays on how state courts and state constitutions work, protect rights, and influence major U.S. legal issues. Consider it your “State Constitutions 101.”
State v. Vasquez
In response to certified questions from the state intermediate appellate court, held that a trial court may, of its own accord without a defense motion, order a hearing as to whether evidence should be suppressed. The questions arose after a trial judge noticed a pattern of warrantless searches and seizures in her docket and set suppression hearings in 30 cases, ultimately supressing evidence in 6 cases after the prosecution chose to dismiss 13.
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
What Happens if the U.S. Supreme Court Guts the Voting Rights Act?
State provisions could help fill a voting rights gap, but they are a poor substitute for a strong federal standard.
Smith v. BlueCross BlueShield of Tennessee
Tennessee Supreme Court held that company's termination of an at-will employee for petitioning legislators about Covid-19 vaccine requirements did not fall within a “violates clear public policy” exception to at-will employment. Because the state constitutional right to petition only constrains the government, a private employer does not violate public policy by terminating an employee for exercising that right.
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.
In Re Application for Correction of Birth Record of Hailey Emmeline Adelaide
Court was unable to form a majority on the merits, which had the effect of leaving undisturbed lower court rulings denying a transgender woman’s request to change the sex marker on her birth certificate.
State v. Velasquez
Oklahoma Court of Criminal Appeals held that suppression of evidence as a remedy did not apply to officers' violation of Oklahoma's "knock and announce" requirement for executing a search warrant, and reaffirmed that the state's search and seizure clause is substantively "identical" to the Fourth Amendment.