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Why Are State Constitutional Challenges to Inhumane Prison Conditions So Rare?
Weak federal protections present an opportunity for state supreme courts to apply their states’ bans on cruel punishment to prison conditions.
Joseph R. Richie
Joseph R. Richie is a shareholder at the Minneapolis-based law firm Anthony Ostlund Louwagie Dressen & Boylan P.A.
The Wisconsin Governor's Creative Use of Line-Item Veto Extended School Funding by 400 Years
The governor deleted words, numbers, and punctuation from a bill to change its meaning.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
Falls v. Goins
Ruled that requiring persons with out of state felony convictions to comply with two separate statutes to regain suffrage rights was within the legislature’s constitutional authority to disenfranchise persons with felony convictions
Facebook, Inc. v. State
Ruled that the contemporaneous acquisition of electronic communications is the equivalent of wiretap surveillance and is therefore entitled to greater constitutional protection
Harris v. State
Ruled that right to a jury trial applies to "habitual offender" trials, but that there is no right to present evidence to a jury that does not prove or disprove prior convictions
State v. Murphy
Held that individuals have a reasonable expectation of privacy in their real-time cell phone location, and acquisition of that information by police is a search requiring a warrant unless an exception to the warrant requirement applies.
Nestor M. Davidson
Nestor M. Davidson is the Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, Fordham Law School.
Will Courts Continue to Favor State Control Over Home Rule?
Constitutional amendments giving cities greater authority over local policy have repeatedly met resistance by state courts over the last century.
