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2018

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State and Local Government Law

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Articles 181 - 210 of 262

Full-Text Articles in Law

Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer Apr 2018

Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer

Michigan Law Review

A review of James Forman Jr., Locking Up Our Own: Crime and Punishment in Black America.


Default License Revocation In California Administrative Law, Jacob Reinhardt Mar 2018

Default License Revocation In California Administrative Law, Jacob Reinhardt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer Mar 2018

Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer

Chicago-Kent Law Review

A recent municipal ordinance giving reparations to survivors of police torture in Chicago represents an unprecedented effort by a city government to repair damage wrought by decades of police violence. Between 1972 and 1991, white detectives under Commander Jon Burge tortured confessions from over 118 black criminal suspects on the city’s South and West Sides. Responding to the needs of affected communities, a coalition of torture survivors, their families, civil rights attorneys, and community activists pushed the reparations bill through the City Council on May 6, 2015. Representing the holistic approach favored by survivors, the $5 million reparations package awarded …


Recent Developments: In Re J.J., Kelly Gillett Mar 2018

Recent Developments: In Re J.J., Kelly Gillett

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Moats V. State, Ryan Zabel Mar 2018

Recent Developments: Moats V. State, Ryan Zabel

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Porter V. State, Tyler Marie Duckett Mar 2018

Recent Developments: Porter V. State, Tyler Marie Duckett

University of Baltimore Law Forum

No abstract provided.


A Unifying Approach To Nexus Under The Dormant Commerce Clause, Adam B. Thimmesch Mar 2018

A Unifying Approach To Nexus Under The Dormant Commerce Clause, Adam B. Thimmesch

Michigan Law Review Online

The Supreme Court has long debated the existence and scope of its power to restrict state regulation under the so-called negative or dormant Commerce Clause. The Court took a broad view of that power in the late 1800s, but it has refined and restricted its role over time. One area where the Court has continued to wield considerable power, however, has been in the context of state taxes. Specifically, the Court has continued to restrict states' power to compel out-of-state vendors to collect their sales and use taxes based on a physical-presence "nexus" rule. That rule dates back to the …


Recent Developments: Lamalfa V. Hearn, W. Ryan Parry Mar 2018

Recent Developments: Lamalfa V. Hearn, W. Ryan Parry

University of Baltimore Law Forum

No abstract provided.


Baltimore City Schools Need Many Things - A Personal Police Force Is Not One Of Them, Kelli L. Cover Mar 2018

Baltimore City Schools Need Many Things - A Personal Police Force Is Not One Of Them, Kelli L. Cover

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum, Volume 48, Number 2 (Spring 2018) Mar 2018

University Of Baltimore Law Forum, Volume 48, Number 2 (Spring 2018)

University of Baltimore Law Forum

No abstract provided.


Navigating The Gap In Access To Civil Justice: An Alternative To A Civil Gideon, Gregory R. Eyler Mar 2018

Navigating The Gap In Access To Civil Justice: An Alternative To A Civil Gideon, Gregory R. Eyler

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Ceccone V. Carroll Home Services, Molly Miller Mar 2018

Recent Developments: Ceccone V. Carroll Home Services, Molly Miller

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Doe V. Alternative Medicine Maryland, Llc, Marrio B. Davis Mar 2018

Recent Developments: Doe V. Alternative Medicine Maryland, Llc, Marrio B. Davis

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Green V. State, Taylor Koncen Mar 2018

Recent Developments: Green V. State, Taylor Koncen

University of Baltimore Law Forum

No abstract provided.


States Suing The Federal Government: Protecting Liberty Or Playing Politics?, Elbert Lin Mar 2018

States Suing The Federal Government: Protecting Liberty Or Playing Politics?, Elbert Lin

University of Richmond Law Review

No abstract provided.


The President, Prosecutorial Discretion, Obstruction Of Justice, And Congress, Henry L. Chambers Jr. Mar 2018

The President, Prosecutorial Discretion, Obstruction Of Justice, And Congress, Henry L. Chambers Jr.

University of Richmond Law Review

No abstract provided.


Delegation Enforcement By State Attorneys General, Jonathan David Shaub Mar 2018

Delegation Enforcement By State Attorneys General, Jonathan David Shaub

University of Richmond Law Review

No abstract provided.


A Non-Originalist Separation Of Powers, Eric J. Segall Mar 2018

A Non-Originalist Separation Of Powers, Eric J. Segall

University of Richmond Law Review

No abstract provided.


Realizing "Meaningful" In Maryland: A Call For Reforming Maryland's Parole System In Light Of Graham, Miller, & Montgomery, Lila Meadows Mar 2018

Realizing "Meaningful" In Maryland: A Call For Reforming Maryland's Parole System In Light Of Graham, Miller, & Montgomery, Lila Meadows

University of Baltimore Law Forum

No abstract provided.


What's The "Use": Vehicle Maintenance Liability Barred By Sovereign Immunity Amendment Intended To Promote Waiver, Clayton Kendrick Mar 2018

What's The "Use": Vehicle Maintenance Liability Barred By Sovereign Immunity Amendment Intended To Promote Waiver, Clayton Kendrick

Mercer Law Review

Local government is an active participant in most communities. It picks up trash weekly, keeps tap water clean, and keeps citizens safe. Local government is the cog that keeps communities running smoothly, and as such, is afforded certain protections. One of those protections is the protection from lawsuits brought by citizens. This is known as the doctrine of sovereign immunity. While local government reaches out into the community to keep citizens comfortable and safe, sovereign immunity keeps citizens from reaching in and exposing the government to liability. At times, however, these protections can seem unjust. In 2002, the Georgia General …


Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, Megan M. Harrison Feb 2018

Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, Megan M. Harrison

Georgia State University Law Review

Although the historical relationship between bed bugs and humans dates back to ancient Egypt, the common bed bug, or Cimex lectularius, vanished from the beds of Americans around World War II. In the late 1990s, however, our bloodsucking bedfellows returned. Bed bug infestations are a growing public health issue. Bed bugs are now found in all fifty states, with populations in five states reaching epidemic levels. Both the Environmental Protection Agency (EPA) and the Center for Disease Control and Prevention(CDC) consider bed bugs a “pest of significant public health importance."

Despite their name, bed bugs are not limited to …


Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, Chadwick L. Williams Feb 2018

Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, Chadwick L. Williams

Georgia State University Law Review

Refrigerators can now tweet. Today, almost sixty years after the states widely adopted the Uniform Commercial Code (UCC), the line between goods and services is more blurred than ever. When the UCC was drafted, a good was the simple opposite of a service. A good was something “movable” and tangible, and a service was not. Article 2 of the UCC, which governs sales, limits its scope to goods.

However, because Article 2 was drafted long before the proliferation of so-called “smart goods,” courts continuously struggle to determine when a smart good falls within Article 2’s scope. Courts have developed different …


California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel Feb 2018

California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel

William & Mary Environmental Law and Policy Review

No abstract provided.


Tax Increment Financing In Maine, Michael G. Walker Feb 2018

Tax Increment Financing In Maine, Michael G. Walker

Maine Law Review

Tax Increment Financing ("TIF") is a statutorily authorized mechanism which enables municipalities to earmark the property tax revenue from designated areas to pay for things such as infrastructure improvement. Lately, Maine municipalities have been using TIF to refund tax revenues directly to private developers in an effort to attract new business. This Comment will begin by briefly explaining the development of TIF in the United States and how it has evolved over time. It will then summarize how TIF works in Maine and the criticism and praise it has received throughout its existence. Next, it will look at research examining …


No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder Feb 2018

No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder

Maine Law Review

Lack of sanguinity for cities was manifest after the Supreme Court’s May 1, 2017, opinion in Bank of America Corporation v. City of Miami. Although Bank of America recognized that cities have Article III standing to sue for economic injuries suffered from predatory lending, the Supreme Court rejected the Eleventh Circuit’s more lenient causation standard, favoring proof of “some direct relation between the injury asserted and the injurious conduct alleged.” Doubtless the result could have been worse for cities suing on the premise that racially discriminatory lending caused municipal blight. The courthouse doors could have closed if the Court had …


Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr. Jan 2018

Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr.

Georgia State University Law Review

The Act redefines and broadens protection for public safety officers who are subjected to violent attacks while engaged in their duties. The Act creates original jurisdiction and stiffens penalties for juvenile offenders charged with violent crimes. The Act also increases indemnification payments made to the surviving spouse of a law enforcement officer who loses his or her life in the line of duty.


Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn Jan 2018

Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn

Georgia State University Law Review

The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 Chapter 2 …


Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler Jan 2018

Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler

Northwestern Journal of Law & Social Policy

No abstract provided.


Merging Inclusionary Zoning And Community Land Trusts To Increase Affordable Housing In Baltimore Without Displacing Neighborhoods, Chelsea King Jan 2018

Merging Inclusionary Zoning And Community Land Trusts To Increase Affordable Housing In Baltimore Without Displacing Neighborhoods, Chelsea King

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Johnson V. State, Calvin Riorda Jan 2018

Recent Developments: Johnson V. State, Calvin Riorda

University of Baltimore Law Forum

No abstract provided.