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State Constitutions

Bodman

Michigan Supreme Court Holds that a Tax Cannot be Disguised as a Franchise Fee in Violation of Headlee

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The Michigan Supreme Court released an opinion yesterday holding that a municipality may not disguise a tax by imposing a utilities franchise fee upon consumers through a utilities franchise agreement when that agreement...more

Holtzman Vogel Baran Torchinsky & Josefiak

Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional

On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

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On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

Pierce Atwood LLP

Vested Rights Revisited

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In recent years, numerous state courts across the country have been asked to consider the question whether a plaintiff’s claim can be retroactively revived by the legislature after the claim has been extinguished by a statute...more

Beveridge & Diamond PC

New York Courts Provide Additional Guidance on Implementation of Green Amendment

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Based on recent decisions, judicial interpretation of New York’s Environmental Rights Amendment (also called the Green Amendment) continues to evolve. The Green Amendment guarantees New Yorkers a “right to clean air and...more

Gray Reed

Do Montanans’ Rights Include a Fossil-Fuel-Free Environment?

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It looks like they do. In Held et al v. State of Montana the Montana Supreme Court declared the “MEPA Limitation” unconstitutional. The plaintiffs were 16 youths, ages 2 to 18 at the time of filing....more

ArentFox Schiff

Three Takeaways From the Montana Supreme Court Decision Guaranteeing a Right to a Stable Climate

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Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation....more

Foley Hoag LLP - Energy & Climate Counsel

Montana Protects a Constitutional Right to a Stable Climate: Will Any Other States Follow Suit?

Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that: - The...more

Jackson Lewis P.C.

Florida Employers Should Consider Accommodations for Off-Duty Use of Medical Marijuana, Court Rules

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Florida law requires employers to consider accommodations for off-duty use of medical marijuana, a Florida state court has held and granted the plaintiff’s motion for summary judgment....more

BakerHostetler

New Year, New Laws - What New York Employers Need To Know for 2025

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The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that can significantly impact our New York-based clients. Below we highlight some of the recently...more

Brooks Pierce

Brooks Pierce Capital Dispatch: Legislators End 2024 Session with Veto Override and Proposed Constitutional Amendment

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The 2024 North Carolina General Assembly session ended last Friday after members overrode a veto, proposed a change to the state constitution, and supported a constitutional convention to set term limits for members of the US...more

Polsinelli

Legal Challenge Threatens New Missouri Minimum Wage and Paid Sick Leave Law

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The Missouri Chamber of Commerce and Industry, along with other Missouri business groups, recently filed a lawsuit in the Supreme Court of Missouri attempting to stop Proposition A from taking effect. The lawsuit asserts five...more

Quarles & Brady LLP

Wisconsin Court Strikes Down Major Portions of Act 10 Affecting Public Sector Employees’ Collective Bargaining Rights

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On December 2, 2024, a Dane County, Wisconsin Circuit Court issued a landmark decision striking down portions of 2011 Wisconsin Act 10 (“Act 10”) and thus affecting the collective bargaining rights of public sector employees...more

Benesch

Ohio General Assembly Tackles Lame Duck Session and Selects New Leaders for the Next

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With election day behind us, Ohio legislators have gone full throttle into a lame duck session, focusing their efforts on wrapping up the 135th Ohio General Assembly before the end of 2024. With less than five voting sessions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Laws in New York May Raise Employers’ Costs, Starting January 1, 2025

Employers with workers in New York State may want to start preparing now for several new rules that will take effect on January 1, 2025. Most of them are likely to impact employers’ bottom lines....more

Allen Matkins

Should Law Schools Teach The California Constitution?

Allen Matkins on

Yesterday's edition of the Los Angeles Daily Journal included an above the fold headline proclaiming "growing chorus for state constitutions should be taught in law schools".   I don't recall such a course being offered when...more

Troutman Pepper Locke

Oregon Appeals Court Rules E-Cigarette Packaging Restrictions Unconstitutional

Troutman Pepper Locke on

In October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments...more

Parker Poe Adams & Bernstein LLP

Key Takeaways From the 2024 Election: Georgia

While Georgia did not hold an election for governor or any other statewide offices, there were ballot measures and legislative races to consider. The status quo will remain in place with Republicans having control of the...more

Charles E. Rounds, Jr. - Suffolk University...

Legislative appropriations that are deceptively marketed as trusts: The sagas of the Federal Social Security Trust Fund and South...

Many of my JDSUPRA postings, a full catalog of which may be found below, are about the doctrinal incoherence that is being inflicted on the institution of the trust by legislative intrusions into equity doctrine, intrusions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Abortion Rights Ballot Measures Pass in Seven States

On November 5, 2024, seven states approved ballot measures to reaffirm the right to abortion, and three states rejected ballot measures to legalize abortion. These ballot results could have a significant impact on employers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Amends Constitution to Expand Equal Protection

On November 6, 2024, New Yorkers across the state voted “yes” on the Equal Rights Amendment, commonly known as Proposition 1. The newly passed Equal Rights Amendment expands New Yorkers’ constitutional civil rights and...more

Goodwin

Cannabis on The Ballot - 2024 Brings Disappointing Results

Goodwin on

Voters in five states voted Tuesday on whether to legalize cannabis in some form and only one measure passed. In Florida, nearly 56 percent of voters approved Amendment 3 to legalize adult-use cannabis but the measure failed...more

BakerHostetler

Cannabis Ballot Initiatives Ahead of the 2024 Election

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With the 2024 election today, several states are once again putting cannabis legalization on the ballot, with varying degrees of reform at stake. Here’s a look at the key measures that voters will consider...more

Holland & Knight LLP

Religious Institutions Update: November 2024

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Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal...more

Bowditch & Dewey

Massachusetts Appeals Court Makes Clear in ‘Town versus Gown’ Controversy that “Public Dedication Doctrine Is Not Intended to...

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Ending four years of litigation in consolidated cases filed by the Nahant Preservation Trust, Inc. (“Nahant”) and Northeastern University (“Northeastern” or “the University”), the Massachusetts Appeals Court determined that...more

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