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What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
Johnson v. Wisconsin Elections Commission
Ruled redistricting disputes can only be judicially resolved to remedy a cognizable right and partisan gerrymandering claims are not cognizable under the state constitution
Jessie Hill
Jessie Hill is the Judge Ben C. Green Professor of Law and director of the Reproductive Rights Law Initiative at Case Western Reserve University.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
Tidwell v. Blaine County
Dismissed land use case for lack of standing, dissent argued that court should not use federal standing doctrine when state constitution has distinct language
In re: Legislator Interest in State Contracts
Governor seeks an advisory opinion clarifying the breadth of the constitutional prohibition on state legislators having an interest in a state contract
State Constitutions and the Limits of Criminal Punishments
This symposium will engage with the growing legal and intellectual movement to challenge excessive criminal punishments via state constitutional prohibitions on cruel and unusual punishments and related clauses.
Multiple High Courts Uphold Voters’ Right to Use Ballot Measures to Change Law
Decisions in California, Michigan, and Utah could serve as models for courts in other states facing power struggles between legislatures and proponents of voter-approved ballot initiatives.
Direct Democracy Under Attack
Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process.
