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Delgado v. State
Upheld statute creating commission to recommend increases to official salaries as a valid assignment of powers by legislature, satisfying requirements to fix “by law” legislative compensation and separation of powers
The Right to Protest and State Constitutions
Free speech protections found in state constitutions could offer broader rights to protesters than the First Amendment.
A Conversation with Former New York High Court Judge Albert Rosenblatt
Rosenblatt spoke about the importance of closing the access-to-justice gap and the friendships he developed with his fellow judges.
State v. Gleason
Overruled precedent to abandon abatement ab initio doctrine in light of Louisiana Constitution’s guarantees to victims including right to seek restitution
State v. Ralston
Ruled no causal connection between delay in bringing defendant to trial and destruction of police booking video evidence to find violation of defendant’s right to a speedy trial
Abortion and Trans Rights Advocates Turn to Unlikely Tool in State Constitutions
Lawsuits seeking to expand access to abortion and gender-affirming care rely on GOP-backed “health-care freedom" provisions passed to limit the Affordable Care Act.
Julia R. Livingston
Julia R. Livingston is an attorney in private practice. Her pro bono practice includes working as a case manager for the New York Abortion Access Fund.
State v. Larson
Ruled that adult foster care group home manager was not a state actor when providing defendant’s confiscated electronic devices to the police and had third-party authority to consent to a warrantless seizure
State v. White
Ruled erroneous prosecutorial comments during trial violated state constitution’s due process and right against self-incrimination provisions
State v. Diaz-Tomas
Ruled district attorney cannot be compelled by defendant or court to reinstate charges without infringing on their exclusive constitutional and statutory authority and discretion to prosecute