Public Law in the States 2026

In May 2026, the State Democracy Research Initiative hosted its sixth annual Public Law in the States conference, convening legal scholars and state supreme court justices to discuss a range of state-level issues at the intersection of law and democracy. This annual event seeks to foster dialogue and community around state-level public law, which often receives less attention than its federal counterpart.

The conference’s keynote panel, The Work of State Supreme Courts, highlighted the perspectives of four state supreme court justices from across the country. The justices discussed distinctive features of their respective state courts, including decision-making practices and judicial selection methods. Academic panels explored topics relating to state and local institutions, criminal justice and state public law, state-federal relations, and state courts and constitutions. Essays from conference participants will be published in a special issue of the Wisconsin Law Review.

SDRI faculty co-director Miriam Seifter (University of Wisconsin Law School) moderated a panel of four supreme court justices: Justice Rebecca Dallet (Wisconsin Supreme Court), Chief Justice Matthew Fader (Maryland Supreme Court), Justice Patricia Lee (Nevada Supreme Court), and Justice Evan Young (Texas Supreme Court).

Each justice discussed distinctive or notable features of their court and its work, and they explained the judicial selection process in each of their states. The justices also remarked on institutional challenges that state courts are facing, including an uptick in threats to the security of state judges.

Public Law in the States: Academic Panels

Panel 1: State and Local Institutions

• Cities, Not States by Richard Schragger (University of Virginia School of Law); introduced by Gillian Metzger (Columbia Law School).
• State-Level Capacity to Run Rural-Lawyer Incentive Programs by Hannah Haksgaard (University of South Dakota Law School); introduced by Irene Oritseweyinmi Joe (University of California Davis School of Law).
• Municipal Finance, Municipal Bankruptcy, and the Public Pension Crisis by Michael Francus (University of Virginia School of Law); introduced by Emily Cauble (University of Wisconsin Law School). 

Panel 2: Criminal Justice & State Public Law

• The Honor of Defending by Irene Oritseweyinmi Joe (University of California Davis School of Law); introduced by Andrew Crespo (Harvard Law School). 
• Get Well Soon (or Go to Jail) by Sandra Mayson and Dana Bazelon (Penn Carey Law School); introduced by Renagh O‘Leary (University of Wisconsin Law School).

Panel 3: State-Federal Relations

• Sortition and Expertise: Lessons from the Michigan Independent Citizens Redistricting Commission by Sam Bagenstos (University of Michigan School of Law); 
  introduced by Rob Yablon (University of Wisconsin Law School).
• States and the Strongman by Gillian Metzger (Columbia Law School); introduced by Joanna Schwartz (UCLA School of Law). 
• Federalism and the Law of Termination by Bridget Fahey (University of Chicago Law School); introduced by Sam Bagenstos (University of Michigan School of Law). 

Panel 4: State Courts & Constitutions

• The Incapacity Dragnet by Jasmine Harris (Penn Carey Law School); introduced by Tonya Brito (University of Wisconsin Law School). 
• The Evolution of State Constitutional Enforcement by Allison Freedman (University of New Mexico School of Law) and Joanna Schwartz (UCLA School of Law); introduced by  Carolyn Shapiro (Chicago-Kent College of Law).