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State and Local Government Law Commons

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Constitutional Law

1998

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Articles 1 - 30 of 79

Full-Text Articles in State and Local Government Law

Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus Oct 1998

Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.


Ultra Vires Takings, Matthew D. Zinn Oct 1998

Ultra Vires Takings, Matthew D. Zinn

Michigan Law Review

When does legislative or administrative regulatory action "go[] too far" and effectively amount to an .appropriation of private property for which the Fifth Amendment requires just compensation? This question has turned out to be one of the thorniest in American constitutional law. The Supreme Court has identified several circumstances in which one can expect to find a regulatory taking, but its numerous pronouncements on the subject give no clear rule to distinguish compensable takings from noncompensable interference with property rights. Notwithstanding its volume, the commentary on the Takings Clause by and large addresses only proper governmental action that rises to …


Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells Jun 1998

Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells

Washington and Lee Law Review

No abstract provided.


Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle Apr 1998

Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle

University of Arkansas at Little Rock Law Review

No abstract provided.


The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith Mar 1998

The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith

University of the District of Columbia Law Review

The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …


The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr. Feb 1998

The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr.

Michigan Law Review

It is commonplace to observe that "dual federalism" is dead, replaced by something variously called "cooperative federalism," "intergovernmental relations," or "marble-cake federalism." According to this conventional wisdom, state and local officials do not enforce merely their own laws in their distinct policymaking sphere. Rather, as analyzed in a voluminous literature, state and local governments also cooperate with the federal government in many policymaking areas, ranging from unemployment insurance to historic preservation. These nonfederal governments help implement federal policy in a variety of ways: by submitting implementation plans to federal agencies, by promulgating regulations, and by bringing administrative actions to enforce …


Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres Jan 1998

Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres

Florida State University Law Review

No abstract provided.


Clerk Fees: Legislation And Litigation, J. Marleen Ahearn Jan 1998

Clerk Fees: Legislation And Litigation, J. Marleen Ahearn

Florida State University Law Review

No abstract provided.


State And Federal Constitutional Law Developments, Rosalie Levinson Jan 1998

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The Digests Of Pennsylvania, Joel Fishman Jan 1998

The Digests Of Pennsylvania, Joel Fishman

Joel Fishman

Pennsylvania has one of the largest collections of case law for which digests serve as an important research tool.


Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority Jan 1998

Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority

Touro Law Review

No abstract provided.


A Note To Our Readers, The Editors Jan 1998

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.


Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner Jan 1998

Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner

Journal Articles

No abstract provided.


Double Jeopardy, Court Of Appeals: People V. Latham Jan 1998

Double Jeopardy, Court Of Appeals: People V. Latham

Touro Law Review

No abstract provided.


Double Jeopardy, Court Of Appeals: People V. Vasquez Jan 1998

Double Jeopardy, Court Of Appeals: People V. Vasquez

Touro Law Review

No abstract provided.


Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council Jan 1998

Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council

Touro Law Review

No abstract provided.


Free Speech, Court Of Appeals: People V. Tichenor Jan 1998

Free Speech, Court Of Appeals: People V. Tichenor

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King Jan 1998

Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Queens County: People V. Brewer Jan 1998

Search And Seizure, Supreme Court, Queens County: People V. Brewer

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H. Jan 1998

Self-Incrimination, Supreme Court, Appellate Division, Third Department: In Re Gladys H.

Touro Law Review

No abstract provided.


Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling Jan 1998

Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling

Touro Law Review

No abstract provided.


Right To Counsel, Court Of Appeals: People V. Wilson Jan 1998

Right To Counsel, Court Of Appeals: People V. Wilson

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman Jan 1998

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.


Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki Jan 1998

Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki

Touro Law Review

No abstract provided.


Stop ... Go Directly To Jail, Do Not Pass Go, And Do Not Ask For A Notary, 31 J. Marshall L. Rev. 879 (1998), R. Jason Richards Jan 1998

Stop ... Go Directly To Jail, Do Not Pass Go, And Do Not Ask For A Notary, 31 J. Marshall L. Rev. 879 (1998), R. Jason Richards

UIC Law Review

No abstract provided.


New York's State Constitution In National Context, Robert F. Williams Jan 1998

New York's State Constitution In National Context, Robert F. Williams

Touro Law Review

No abstract provided.


Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz Jan 1998

Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz

Touro Law Review

No abstract provided.


New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer Jan 1998

New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer

Touro Law Review

No abstract provided.


Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele Jan 1998

Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele

Touro Law Review

No abstract provided.


Due Process, Court Of Appeals: Chaya S. V. Frederick L. Jan 1998

Due Process, Court Of Appeals: Chaya S. V. Frederick L.

Touro Law Review

No abstract provided.