Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- ExpressO (40)
- Tim Iglesias (10)
- Elisabeth Haub School of Law Faculty Publications (9)
- Georgetown Law Historic Preservation Papers Series (9)
- Erin Ryan (8)
-
- Faculty Scholarship (5)
- All Faculty Scholarship (3)
- Henry H. Perritt, Jr. (2)
- Jennifer Jackson (2)
- Benjamin W. Cramer (1)
- Casey Scott McKay (1)
- Charles H. Baron (1)
- David A. Wirth (1)
- David J Reiss (1)
- Eliza Duggan (1)
- Eric H Schepard (1)
- Erika K. Wilson (1)
- Jaimie K. McFarlin (1)
- Journal Articles (1)
- Kevin Schmitt (1)
- Lisa J Lindhorst (1)
- Melanie M. Reid (1)
- Melissa K. Scanlan (1)
- Meredith W. Doherty (1)
- Nancy J. Knauer (1)
- Patrick Martin (1)
- Richard E. Mendales (1)
- Rick Su (1)
- Robert Sprague (1)
- Rutgers Law School (Newark) Faculty Papers (1)
- Publication Type
Articles 1 - 30 of 119
Full-Text Articles in Law
Dying In Isolation: Public Health Implications Of Transportation And Burial Of Human Remains During A Pandemic A Fifty State Survey, Christopher Ogolla
Dying In Isolation: Public Health Implications Of Transportation And Burial Of Human Remains During A Pandemic A Fifty State Survey, Christopher Ogolla
Faculty Scholarship
No abstract provided.
No-One Receives Psychiatric Treatment In A Squad Car, Judy A. Clausen, Joanmarie Davoli
No-One Receives Psychiatric Treatment In A Squad Car, Judy A. Clausen, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli
Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Notes On The Multiple Facets Of Immigration Federalism, Rick Su
Notes On The Multiple Facets Of Immigration Federalism, Rick Su
Rick Su
This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.
Henry H. Perritt, Jr.
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.
All Faculty Scholarship
The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.
Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …
A 'Velvet Hammer': The Criminalization Of Motherhood And The New Maternalism, Eliza Duggan
A 'Velvet Hammer': The Criminalization Of Motherhood And The New Maternalism, Eliza Duggan
Eliza Duggan
In 2014, Tennessee became the first state to criminalize the use of narcotics during pregnancy. While women have been prosecuted for the outcomes of their pregnancies and for the use of drugs during pregnancy in the past decades, Tennessee is the first state to explicitly authorize prosecutors to bring criminal charges against pregnant women if they use drugs. This Article suggests that this new maternal crime is reflective of a social and political paradigm called “maternalism,” which enforces the idea that women are meant to be mothers and to perform motherhood in a particular fashion. This concept has developed from …
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
Tim Iglesias
Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.
This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
What The Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding Of Chemical Practices And Toxic Politics, Benjamin W. Cramer
What The Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding Of Chemical Practices And Toxic Politics, Benjamin W. Cramer
Benjamin W. Cramer
Hydraulic fracturing, known colloquially as “fracking,” makes use of chemically-formulated fluid that is forced down a gas well at great pressure to fracture underground rock formations and release embedded natural gas. Many journalists, environmentalists, and public health advocates are concerned about what may happen if the fracking fluid escapes the well and contaminates nearby drinking water supplies. This article attempts a comprehensive analysis and comparison of all relevant fracking fluid disclosure regulations currently extant in the United States, and considers whether the information gained is truly useful for citizens, journalists, and regulators. In recent years the federal government and several …
Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin
Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin
Patrick Martin
In February of 2011, Governor of Ohio John Kasich signed legislation that created JobsOhio. This has been a controversial program based on the method that it was implemented and some of the rules that govern the program.it. In November of 2013, ProgressOhio, a citizens advocacy group, challenged the constitutionality of the program but the suit was dismissed by the Ohio Supreme Court for lack of standing by the plaintiffs. There has been no court decision that adjudicates the program on the merits, only on the jurisdictional standing of a party to a suit that challenged the legislation. To date, only …
The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin
The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin
Jaimie K. McFarlin
This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.
A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino
A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino
Simone Savino
A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach renourishment …
The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst
The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst
Lisa J Lindhorst
On September 4, 2014, a federal court convicted former governor of Virginia Bob McDonnell of eleven counts of corruption, bribery, and fraud for accepting over $165,000 worth of gifts and loans from the CEO of a local company. The egregious actions that led to these federal criminal convictions, however, were startlingly “legal” under Virginia’s ethics laws. The disparity between federal criminal standards and Virginia’s ethics standards illustrates the severe inadequacies that plague Virginia’s current system of ethics laws. Virginia’s absence of appropriate ethics laws and enforcement led to the state’s failing State Integrity Investigation grade, and the public acknowledgment by …
Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias
Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias
Tim Iglesias
Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary zoning …
Environmental Federalism's Tug Of War Within, Erin Ryan
Environmental Federalism's Tug Of War Within, Erin Ryan
Erin Ryan
Anyone paying attention has noticed that many of the most controversial issues in American governance—health care reform, marriage rights, immigration, drug law, and others—involve questions of federalism. The intensity of these disputes reflects inexorable pressure on all levels of government to meet the increasingly complicated challenges of governance in an ever more interconnected world, where the answers to jurisdictional questions are less and less obvious. Yet even as federalism dilemmas continue to erupt all from all corners, environmental law remains at the forefront of controversy, and it is likely to do so for some time. From mining to nuclear waste …
How Should The Law Treat Roommate Relationships? A Tale Of Two Cases, Tim Iglesias
How Should The Law Treat Roommate Relationships? A Tale Of Two Cases, Tim Iglesias
Tim Iglesias
The law of roommates is an important but underdeveloped area of landlord-tenant law. Two recent cases, Fair Hous. Council v. Roommate.com, 666 F.3d 1216 (9th Cir. 2012) and Mercury Cas. Co. v. Chu, 229 CA4th 1432 (2014), offer contrasting approaches. This article explores the issues, reviews the cases and favors the Mercury court's approach.
The Promises And Pitfalls Of Micro-Housing, Tim Iglesias
The Promises And Pitfalls Of Micro-Housing, Tim Iglesias
Tim Iglesias
This is a primer on the new and growing phenomenon of micro-housing. It defines micro-housing, discusses policy arguments and outlines regulatory issues.
Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty
Protecting The Sender: Liability Protection For The Senders Of Electronic Communication, Meredith W. Doherty
Meredith W. Doherty
As the technology of smartphones has progressed, electronic communication has become an integral and portable part of our daily lives. A recent New Jersey case highlighted the issue of holding the sender of a text message liable for injuries resulting from a motor vehicle accident in which the driver at fault was reading a text message from the sender at the time of the accident. This note focuses on the implications of such liability being imposed on senders of text messages as well as the slippery slope that could result, taking all forms of electronic communication, social media and mobile …
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Nancy J. Knauer
When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of marriage laws …
Sharing Public Safety Helicopters, Henry H. Perritt Jr.
Sharing Public Safety Helicopters, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson
Jennifer Jackson
We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes …
Some Reflections On The Past, Present And State-Dependent Future Of Lotteries In American Gaming Law, Stephen J. Leacock
Some Reflections On The Past, Present And State-Dependent Future Of Lotteries In American Gaming Law, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Turf Wars: Territoriality And The Allocation Of Sales And Use Taxes In California, Kevin Schmitt
Turf Wars: Territoriality And The Allocation Of Sales And Use Taxes In California, Kevin Schmitt
Kevin Schmitt
Sales and use tax revenue provides an important source of funding for California’s local governments, particularly its cities. Under the Bradley-Burns Uniform Local Sales and Use Tax Law, local governments may enact sales and use tax ordinances and contract with the state to manage collection and distribution. The current allocation system, known as the situs-based system, provides for distribution to local government based on the physical location of the retailer. Although such a system has logical appeal, in practice it has proven highly problematic, promoting unproductive competition among local governments for scarce revenue.
Reform of the situs-based allocation process has …
Sharing Public Safety Helicopters, Henry H. Perritt Jr.
Sharing Public Safety Helicopters, Henry H. Perritt Jr.
Henry H. Perritt, Jr.
No abstract provided.
Does Fair Housing Law Apply To “Shared Living Situations”? Or, The Trouble With Roommates, Tim Iglesias
Does Fair Housing Law Apply To “Shared Living Situations”? Or, The Trouble With Roommates, Tim Iglesias
Tim Iglesias
In 2012, the Ninth Circuit held that to avoid a constitutional conflict with the right to freedom of association neither the federal Fair Housing Act nor California’s Fair Employment and Housing Act apply to persons seeking roommates or to other shared living situations. This article criticizes the opinion as poorly reasoned and overly broad and then offers a more targeted legislative solution to the problem.
Amicus Brief On Behalf Of The Leo T. Mccarthy Center For Public Service And The Common Good And 44 Housing Scholars To California Supreme Court In California Building Industry Association V. City Of San Jose (S212072), Tim Iglesias, David Rusk, Jan Breidenbach, Nico Calavita, Steven Menendian, John Powell, Ofurhe Igbinedion, Samir Gambhir, Eli Moore
Amicus Brief On Behalf Of The Leo T. Mccarthy Center For Public Service And The Common Good And 44 Housing Scholars To California Supreme Court In California Building Industry Association V. City Of San Jose (S212072), Tim Iglesias, David Rusk, Jan Breidenbach, Nico Calavita, Steven Menendian, John Powell, Ofurhe Igbinedion, Samir Gambhir, Eli Moore
Tim Iglesias
The briefs of other parties in the litigation emphasized inclusionary zoning’s goal of increasing the supply of affordable housing. This brief focuses on inclusionary zoning’s goal of promoting social inclusion and integration by locating affordable housing in the right location. The brief explains how economic and racial segregation deny equality of opportunity to low and moderate income families because segregation limits their potential for economic and social mobility by restricting access to the primary means of mobility, e.g. employment and education. Drawing from a wide array of empirical and other studies the brief demonstrates how inclusionary zoning is an effective …
The Spending Power And Environmental Law After Sebelius, Erin Ryan
The Spending Power And Environmental Law After Sebelius, Erin Ryan
Erin Ryan
This article analyzes the Supreme Court’s new spending power doctrine and its impact on state-federal bargaining in programs of cooperative federalism, using the laboratory of environmental law. (It expands on the legal analysis in an Issue Brief originally published by the American Constitution Society on Oct. 1, 2013.) After the Supreme Court ruled in the highly charged Affordable Care Act case of 2012, National Federation of Independent Business vs. Sebelius, the political arena erupted in debate over the implications for the health reform initiative and, more generally, the reach of federal law. Analysts fixated on the decision’s dueling Commerce Clause …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid
Melanie M. Reid
One of the most significant contemporary issues in privacy law relates to law enforcement’s new domestic surveillance tool: unmanned aerial vehicles, also known as, drones. Law enforcement’s use of aerial surveillance as an investigatory tool is currently under attack. In the past, if law enforcement chose to follow a suspect throughout the day, either on the ground or in the air, they need not worry about seeking a warrant or determining whether probable cause or reasonable suspicion exists to justify their surveillance. Aerial surveillance of criminal suspects has been considered outside the protections of Fourth Amendment law. In the 1980’s, …