Courts

Best Practices for Eviction Prevention and Diversion

Research from the American Bar Association found that eviction mitigation programs are widespread outside of government and can be used beyond court filings to successfully enhance housing stability.

Federal Court Lifts CDC Cruise Ship Restrictions

The order reverses an earlier decision that allowed the restrictions to remain in place. The ruling affects only ships sailing in and out of Florida.

States Braced for a Wave of Covid Lawsuits. It Never Arrived.

About 30 states have enacted laws to shield businesses from being sued if a patron or worker contracts Covid-19.

Judge Declines to Block ARPA Tax Cut Mandate Before Case is Heard

At least six lawsuits are challenging the legality of a provision included in the American Rescue Plan Act that prevents states from using federal relief funds to offset tax cuts.

State Employee Unions Sue Governor Over Return-To-Work Order

A coalition of public employee unions in Connecticut say the governor’s decision to mandate that workers return to their offices violated a previous agreement between the organization and the administration.

Judge Sides With Ohio in Fight Against ARPA Tax Cut Restrictions

The ruling curtails Treasury's ability to enforce the so-called "tax mandate" in the American Rescue Plan Act, but only applies to the Buckeye State. Similar legal disputes are pending in other courts.

Indiana Must Continue Federal Unemployment Payments, Judge Rules

The ruling is the latest development in a lawsuit over Gov. Eric Holcomb’s decision to prematurely curtail the state’s participation in the expanded benefits. More than two dozen states have made similar moves.

Lifetime Registry for Sex Offenders is Unconstitutional, a State Supreme Court Rules

Calling South Carolina’s law “the most stringent in the country,” the unanimous ruling requires the General Assembly to amend the policy within 12 months.

New Mexico Must Provide Internet, Devices to At-Risk Remote Learners, Court Rules

The ruling is the latest development in a years-long case alleging that the state’s education department failed to provide uniform public education to Native Americans, low-income children and others.

Alternatives to Juvenile Justice Probation Growing in Many States, Report Finds

Research by the National Conference of State Legislatures shows that states are turning to more effective programs that incentivize and mentor young offenders rather than punish them.

The Simple Principle That Can Fix American Law

COMMENTARY | What if a coherent legal philosophy could exist between the poles of living constitutionalism and originalism?

The Court is Now in (Virtual) Session: How Remote Services are Transforming the Judicial System

COMMENTARY | The judicial system has been slow to adopt technologies, but the Covid-19 crisis has initiated a digital transformation that is here to stay.

Colorado Bill Would Give Rape, Sexual Assault Survivors Evidence Updates

The legislation, if passed, would allow victims to receive updates on the status of their test kits when the results are received, among other things.

A Las Vegas Judge Approves $1.4 Million Payment to Wrongfully Convicted Man Who Served More Than Two Decades

Fred Steese, who spent decades behind bars for murder — despite the fact that Nevada state prosecutors had documents showing he was in another state at the time of the crime — will receive cash, fees and a certificate of innocence.

Lawsuit Reveals New Allegations Against PG&E Contractor Accused of Fraud

Former Pacific Gas and Electric employees are accused of taking bribes to funnel business to a waste-hauling company.

Illinois Becomes First State to Abolish Cash Bail

Judges will instead use a risk assessment tool to determine a defendant's fitness for release. The change is part of a broader criminal justice reform bill Gov. J.B. Pritzker signed this week.

Lawyers Who Were Ineligible to Handle Serious Criminal Charges Were Given Thousands of These Cases Anyway

In the only state with no public defenders, people charged with murder and other serious crimes can get assigned attorneys who are legally ineligible to take on their cases. The state claims it was unaware.

One State is Poised to Shield Businesses from Covid-19 Lawsuits

Indiana legislators approved the measure on Monday, sending it to Gov. Eric Holcomb. Lawmakers in a number of states are weighing proposals to protect businesses from liability related to Covid-19.

How States Could Lead on Reforming U.S. Supreme Court Appointments

COMMENTARY | Many states have taken steps to de-politicize their high courts. With a state-initiated convention to amend the constitution, they have the power to propose similar reforms at the federal level.

Republicans in State Legislatures Look to Toughen Rioting Penalties

Indiana is one of nearly two dozen states where proposals along these lines have emerged in the wake of last year's protests over racial justice and police misconduct. Critics are raising constitutional rights concerns.