Law Commons^™

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

The California Supreme Court And State Constitutional Rights: The Early Years, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman

All Faculty Scholarship

In Pierce County v. Guillen, the Supreme Court's most recent Commerce Clause decision, the Court upheld a federal law that protects information compiled or collected by states and localities in connection with federal highway safety programs from being discovered or admitted into evidence in state or federal trials. A short and unanimous decision, Guillen has gone almost entirely unnoticed. This article aims to rectify that oversight. Very simply, Guillen is not the gimme that its length, tone, and reception all conspire to suggest. At the heart of the case is a puzzle. And attempts to unravel that puzzle may substantially …

Chevron And Preemption, Nina A. Mendelson

Articles

This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …

Battle Of The Budget: The Legislature And The Governor Fight For Control, Jon L. Mills

UF Law Faculty Publications

This article describes the policy changes and the history of Article III, Section 19 of the Florida Constitution of 1968, and focuses on the continuing conflict between the branches surrounding the veto and budget reduction process. The battle between Florida's Legislative and Executive branches is sure to continue during the implementation of section 19. Even when section 19 is implemented, the effectiveness of the reforms can only be assessed after several years of experience. However, preliminary analysis indicates serious difficulties with some of the reforms.

Legislating Accountability: Standards, Sanctions, And School District Reform , Aaron J. Saiger

Faculty Scholarship

The “New Accountability” movement in American education purports to catalyze improvement in American education by setting clear state standards for academic performance, measuring performance against those standards, and disseminating information about results. This Article argues that the potential of state accountability programs lies not in their imposition of standards but in their imposition of a sanction - the disestablishment of school districts, which entails unseating the local superintendent and school board and replacing them with state officials or their designees - that is extremely painful for the targeted district but is also painful for states to impose. The first Part …

Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr.

Scholarly Works

Georgia local government law not only encompasses a forbidding substantive expanse; it occupies a dominating presence before the Georgia appellate courts. Those courts are called to resolve all manner of litigation erupting from citizen exposure to government at its first level. The controversies feature issues both recurring and unique; they represent nothing less than the essence of law in daily life. An annual effort to chronicle those controversies over a good number of years reveals two (among many) distinct facets. First, local government liability has consistently dwarfed all other litigated issues; and second, this pervading characteristic emits no signs of …

The New Federal Regulation Of Corporate Governance, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Gaming Delaware, William W. Bratton

All Faculty Scholarship

No abstract provided.

Education Finance Litigation: A Review Of Recent High Court Decisions And Their Likely Impact On Future Litigation, Anne Dupre, John Dayton, Christine Kiracofe

Scholarly Works

This article addresses the impact that school funding litigation has had in shaping public schools across the United States. It serves as an update to a 2001 article titled Serrano and It’s Progeny: An Analysis of 30 Years of School Funding Litigation, which reviewed school funding litigation since the Serrano v. Priest decision. This article updates that research by providing brief reviews of the most recent and significant school funding litigation decisions, including the most recent decisions in Claremont v. Governor, James v. Alabama Coalition for Equality, Tennessee Small School Systems v. McWhorter, Lake View v. Huckabee, DeRolph v. …

Getting Spending: How To Replace Clear Statement Rules With Clear Thinking About Conditional Grants Of Federal Funds, Brian Galle

Georgetown Law Faculty Publications and Other Works

How much federalism is too much? The answer, of course, depends on whom you ask. It is no surprise, then, that in both judicial and academic debates about the proper balance between national and local power, the fiercest arguments have been fought not over "how much?" (perhaps an impossible question in any event) but "who?" Thus, for each key aspect of national power-for example, the scope of the Commerce and Treaty powers, the Tenth and Fourteenth Amendments, and Congress's ability to subject states to suits for damages by private individuals -- there is an accompanying literature considering who best to …

With Strings Attached: The Limits On Local Control, Richard Briffault

Faculty Scholarship

In a December 2003 decision, a Colorado trial court judge invalidated the state's new school voucher program. The decision was unusual in that the court relied not on traditional separation-of-church-and-state concerns, but instead on a provision of the Colorado state constitution that vests control over public education in local school boards. The court held that by failing to give local school boards any" input whatsoever into the instruction to be offered by the private schools" that accepted voucher students, the state had violated the constitutional provision that grants local boards "control of instruction in the public schools of their respective …

Tender Offers By Controlling Shareholders: The Specter Of Coercion And Fair Price, Adam C. Pritchard

Articles

Taking your company private has never been so appealing. The collapse of the tech bubble has left many companies whose stock prices bordered on the stratospheric now trading at small fractions of their historical highs. The spate of accounting scandals that followed the bursting of the bubble has taken some of the shine off the aura of being a public company-the glare of the spotlight from stock analysts and the business press looks much less inviting, notwithstanding the monitoring benefits that the spotlight purports to confer. Moreover, the regulatory backlash against those accounting scandals has made the costs of being …

Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law, Roger P. Alford

Journal Articles

In this Article, Professor Alford discusses a report by the Law Revision Commission recommending that certain changes be made to arbitration law in California. It begins by outlining the history of arbitration in California, from its 1961 adoption of the Uniform Arbitration Act, to the 1988 enactment of an international arbitration statute modeled on the UNCITRAL Model Law, to the 1989 enactment of Section 1281.8, which allowed courts to grants provisions remedies to parties involved in arbitration proceedings. It also provides a general overview of the purpose and practice of arbitration law. Then, it provides a chapter-by-chapter analysis the Law …

Neighborhood, Crime, And Incarceration In New York City, Jeffery Fagan, Valerie West, Jan Holland

Faculty Scholarship

Several new studies suggest that social and spatial incarceration of young males has become part of the developmental ecology of adolescence in the nation's poorest neighborhoods. This concentration began in the 1970s, and has grown steadily through the last quarter century.The story of young men such as Cesar in Random Family illustrates the pervasive effects of both direct and vicarious prison experiences for young men and women in poor neighborhoods. Studies of street life such as Random Family, Code of the Streets, and American Project show how these experiences are now internalized in the social and psychological fabric of neighborhood …

Book Review Of Mark E. Wojcik, Illinois Legal Research (2003), Jennifer Locke Davitt

Georgetown Law Faculty Publications and Other Works

Designed as a "teaching tool rather than a bibliographic compilation of state legal research sources" (p.xviii), "Illinois Legal Research" provides practical instruction primarily to law students. It can also serve as a ready reference tool for practitioners and others interested in researching laws specific to Illinois.

Mark Wojcik, associate professor of law at the John Marshall Law School in Chicago, begins with a quick review of basic legal research methods and gives tips for developing effective and efficient research skills. He transitions into in-depth explanations of Illinois law, covering topics such as constitutions, judicial decisions, statutes and ordinances, administrative law, …