Topic
State Courts
Posts
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ArticleVol. 104 · Iss. 1
Trust Litigation
There is a blind spot at the center of American inheritance law. In the late twentieth century, revocable living trusts (rev trusts) replaced wills…
David Horton, Reid Kress Weisbord & Christopher J. Ryan, Jr. -
NoteVol. 103 · Iss. 2
Texas and “DExits”: Can the Texas Business Courts Drive Delaware’s Downfall?
Texas’s freshly minted business courts offer significant and unique incentives for businesses to incorporate in the state. However, it remains to be seen whether…
Katherine M. O'Quinn -
ArticleVol. 102 · Iss. 6
“May It Please Her Honor”: The United States’ First Women Judges, 1870-1930
Between 1870 and 1930, hundreds of women served as judges in the United States. While a small number compared to the men who served,…
Elizabeth D. Katz -
ArticleVol. 101 · Iss. 2
The Major Questions Doctrine in the States
In West Virginia v. EPA and Biden v. Nebraska, the Supreme Court firmly established the major questions doctrine as a tool of statutory interpretation,…
Evan C. Zoldan -
Online2022
Registered for Life: Addressing the Removal Issue within Missouri’s Sex Offender Registration Act
Introduction Based on plain text, Missouri’s Sex Offender Registration Act (SORA) appears to permit sex offenders to petition for removal from the state’s sex…
Michael McWaters -
CommentaryVol. 88 · Iss. 4
Constitutional Rights and Judicial Independence: Lessons from Iowa
As was true across the country, the elections held in Iowa this past November were tough on incumbents. In Iowa, however, it was not…
Ian Bartrum -
ArticleVol. 94 · Iss. 2
Averting Educational Crisis: Funding Cuts, Teacher Shortages, and the Dwindling Commitment to Public Education
Recent data shows that two-thirds of states are funding education at lower levels than in 2008. Some states are 20% or more below levels…
Derek W. Black -
ArticleVol. 95 · Iss. 1
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments
Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of fifty-one U.S. jurisdictions shows wide heterogeneity in…
John Campbell, Bernard Chao & Christopher Robertson -
ArticleVol. 97 · Iss. 4
How Do Judges Decide School Finance Cases?
There is an old riddle that asks, what do constitutional school funding lawsuits and birds have in common? The answer: every state has its…
Ethan Hutt, Daniel Klasik & Aaron Tang -
NoteVol. 98 · Iss. 4
Getting Into Court When Data Has Gotten Out: A Two-Part Framework
Part I of this Note will examine the history of the FCRA, the basics of Article III standing, and its applications to intangible harms and…
Alyssa Aubuchon -
NoteVol. 90 · Iss. 6
One-Action in More States: ThePropriety of Expanding theKansas One-Action Rule into Other Jurisdictions
Most second-year law students who have completed an introductory course on civil procedure can explain the doctrines of issue and claim preclusion—collectively known as…
Jaran Moten -
NoteVol. 90 · Iss. 5
Mr. Emanuel Returns From Washington: Durational Residence Requirements and Election Litigation
In the heat of the 2011 Chicago mayoral campaign, an appellate court in Illinois ordered the name of front-runner Rahm Emanuel, a former congressman…
Gavin J. Dow