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Sitka Tribe of Alaska v. State
Held that constitution does not require the Department of Fish and Game to provide all relevant information to the Board of Fisheries as it determines fishery policy
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.
Everhart v. Coshocton County Memorial Hospital
Dissent would have held that prohibiting wrongful death suits because the statute of repose runs before the patient dies violates the constitution's open courts provision
Andrew Willinger
Andrew Willinger is the executive director of the Duke Center for Firearms Law and a lecturing fellow at Duke Law School. He teaches and writes on the...
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
Abortion Rights and Transgender Rights Are Intertwined
As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.
Belser v. Blount County
Held that whether the legislature conducted its internal voting proceedings in compliance with the state constitution is a nonjusticiable political question
Kell v. State
Ruled that defendant failed to demonstrate that dismissing a petition for post-conviction relief filed five years after the discovery of the evidence violates the state constitution
State v. Wilcox
Held that seizure of defendant’s backpack, incident to seizure of the defendant under non-criminal public intoxication law, was an administrative seizure
