State Court Docket Watch

  • Jackson v. Raffensperger

    Docket Watch 2020 By Anastasia P. Boden A Georgia trial court recently held that the state constitution “does not recognize a right to work in one’s chosen profession.”[1] In Jackson v. Raffensperger, the Georgia Supreme Court reversed that decision and reaffirmed the state constitution’s role in protecting people’s ability to pursue a livelihood without unreasonable […]

  • Ladd v. Real Estate Commission

    Docket Watch 2020 By Anastasia P. Boden In Ladd v. Real Estate Commission,[1] the plaintiff Sarah Ladd was an entrepreneur who used ingenuity and the burgeoning short term rental industry to her advantage. She built a business handling marketing and other logistics for short term rentals, including responding to inquiries, coordinating bookings, managing billing, and […]

  • Institute For Responsible Alcohol Policy v. Oklahoma ex rel. Alcohol Beverage Laws Enforcement Comm.

    Docket Watch 2020 By Jarrett Dieterle In January 2020, the Oklahoma Supreme Court upheld a challenge under the Oklahoma Constitution to a state law concerning so-called “forced sale clauses”[1] under the state’s system of regulation for alcoholic beverages.[2] The story traces back to 2016, when the Oklahoma Legislature passed a joint resolution to place State […]

  • In re Salon a la Mode, et al.

    Docket Watch 2020 By Ken Paxton In response to the global pandemic caused by COVID-19, local authorities in Texas, like local authorities across the country, issued a variety of orders with the goal of flattening the curve. Many of those orders prevented “non-essential” businesses from operating and limited the ability of individuals to travel freely. […]

  • Morrisey v. West Virginia AFL-CIO

    Docket Watch 2020 By Elbert Lin The State’s highest (and sole) appellate court had previously found the unions’ constitutional arguments likely to fail.  In September 2017, the Supreme Court of Appeals reversed a preliminary injunction of the Act.  The high court concluded that the unions “had failed to establish, beyond a reasonable doubt, any likelihood […]

  • Newell Normand, Sheriff & Ex-Officio Tax Collector for the Parish of Jefferson v. Walmart.com, USA LLC

    Docket Watch 2020 By Adam A. Millsap & Lee A. Steven In Normand v. Walmart.com, the Louisiana Supreme Court overturned lower court decisions that found Walmart.com liable for the payment of sales tax on items sold on its online marketplace by third-party retailers.[4] The case was brought on behalf of the tax collector for Jefferson […]

  • Indiana Department of Natural Resources v. Kevin Prosser

    Docket Watch 2020 By Prof. Aaron Nielson If you are like most people, when you hear the words “administrative law,” you think about big buildings in Washington D.C. where everyone wears suits and speaks in acronyms. Your mind probably does not turn a property owner seeking to install 117 feet of concrete seawall on Lake […]

  • Brush & Nib Studio v. City of Phoenix

    Docket Watch 2020

    By Jonathan Scruggs

    For the last decade, courts and commentators have penned many pages about anti-discrimination norms and religious liberty. Since the U.S. Supreme Court decided Masterpiece Cakeshop v. Colorado Civil Rights Commission, lower courts have tried to balance these interests and begun to protect creative professionals from anti-discrimination laws that force them to speak messages against their conscience. The Arizona Supreme Court’s decision in Brush & Nib Studio v. City of Phoenix exemplifies this trend.

  • Zarate v. Tennessee of Cosmetology and Barber Examiners

    Docket Watch 2018

    By Braden Boucek

    Why should a barber have to graduate high school? Barbers cut hair. They don’t need to know calculus, or explore themes of alienation in King Lear. So why does Tennessee require barbers have a high school diploma or a GED even before they can attend barber school? And then once in barber school, barbers are still required to get 1,500 of training, and then pass a state exam. Won’t that ensure everything a barber could possibly need to know to ensure public safety? This is the question posed in Tennessee in Zarate v. Tennessee of Cosmetology and Barber Examiners.

  • Herr v. U.S. Forest Service

    Docket Watch 2018

    By Christian Corrigan

    On Monday, the U.S. Supreme Court denied certiorari in SWC, LLC v. Herr, ending a 25-year battle for property rights in Michigan’s Upper Peninsula. The case concerned the U.S. Forest Service’s (“USFS”) criminal prohibition on motorboat use on Crooked Lake, where private landowners share the lake with a national wilderness. At issue was whether Congress delegated the full scope of its Property Clause power in Article IV, Section 3 to the USFS when it passed the Michigan Wildness Act (“MWA”).

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