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Eric Ruben
Eric Ruben is an associate professor of law at SMU Dedman School of Law and a fellow at the Brennan Center.
State ex rel Rosenblum v. Living Essentials, LLC
Ruled that statute prohibiting false and misleading marketing did not unconstitutionally conflict with free speech clause, as it fell within the historical exception for fraud
SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Session v. State
Ruled that sex offender registration statute does not unconstitutionally regulate citizens' "social status"
In re Abigail B.
Ruled that court order extending detention of individuals at a hospital pending evaluation for involuntary commitment violated substantive due process guarantees
Community Success Initiative v. Moore
Ruled that a statute requiring individuals with felony convictions to complete their sentences before regaining the right to vote was not racially discriminatory
State v. O'Brien
Ruled that police expansion of traffic stop by asking for consent to search defendant’s car based on detection of marijuana odor alone was unlawful under the state constitution
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
People v. Platteel
Ruled that a victim exercising the right to attend a preliminary hearing under statutory and constitutional provisions for crime victim rights can only be compelled to testify by defense counsel subpoena
