Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Cleveland State University (15)
- UIC School of Law (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- American University Washington College of Law (2)
- Mitchell Hamline School of Law (2)
-
- SelectedWorks (2)
- BLR (1)
- Florida State University College of Law (1)
- Selected Works (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Michigan Law School (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- Keyword
-
- Ohio constitution (11)
- Ohio (6)
- Separation of powers (3)
- State constitutional independence (3)
- Tax (3)
-
- Constitution (2)
- Federalism (2)
- New judicial federalism (2)
- Affirmative action (1)
- Amendment (1)
- Angle (1)
- Arkansas legislative educational reform (1)
- Ballot initiative (1)
- Budget (1)
- Car stereos (1)
- Cases (1)
- Charities (1)
- Cities (1)
- Code enforcement (1)
- Commerce clause (1)
- Common school (1)
- Community development (1)
- Compliance (1)
- Constitutional Law (1)
- Constitutional doctrine (1)
- Constitutional law (1)
- Constitutional law--Pennsylvania, Musmanno, Michael A. (1)
- Constitutional rights (1)
- Consular relations (1)
- Court (1)
- Publication
-
- Cleveland State Law Review (14)
- UIC Law Review (4)
- Nevada Law Journal (3)
- American University Law Review (2)
- Joel Fishman (2)
-
- William Mitchell Law Review (2)
- All Faculty Scholarship (1)
- ExpressO (1)
- James J. Kelly Jr. (1)
- Law Faculty Articles and Essays (1)
- Other Scholarship (1)
- Scholarly Publications (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Michigan Journal of Law Reform (1)
- University of Richmond Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 36
Full-Text Articles in State and Local Government Law
The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen
The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen
ExpressO
This article traces the roots of the current muddle in the Supreme Court’s regulatory takings jurisprudence to an ill-considered “phantom incorporation” holding in Penn Central v. New York (1978), the seminal case of the modern regulatory takings era. The Penn Central Court anachronistically misread a long line of Fourteenth Amendment Substantive Due Process cases as Fifth Amendment Takings Clause cases, misattributing to Chicago Burlington & Quincy v. Chicago (1897) (“Chicago B & Q”) the crucial holding that the Fifth Amendment Takings Clause applied to the states. Like other cases of its era, Chicago B & Q was decided strictly on …
Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer
Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer
American University Law Review
No abstract provided.
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh
American University Law Review
No abstract provided.
Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson
Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson
Scholarly Publications
The constitutional crisis of 2003 was a defining event for Nevada and may prove instructive for the rest of the nation. Among the prominent features in the topography of the crisis were (1) state constitutional provisions that required two-thirds legislative approval for tax increases but only simple majority approval for spending increases and (2) the State Supreme Court’s decisions in Guinn v. Legislature that ended the immediate impasse. Both are focal points of continuing controversy.
Criticism of the Guinn decision has exceeded praise of it – probably in frequency, certainly in passion and rhetorical exuberance. In my view, much of …
Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez
Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez
Nevada Law Journal
No abstract provided.
The Future Of Guinn V. Legislature, Troy L. Atkinson
The Future Of Guinn V. Legislature, Troy L. Atkinson
Nevada Law Journal
No abstract provided.
Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman
Anatomy Of The Federal Litigation: Challenging The Legislature's Actions In The Wake Of Guinn V. Legislature, John C. Eastman
Nevada Law Journal
No abstract provided.
Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook
Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook
University of Michigan Journal of Law Reform
This Note discusses various ways to bring the United States into better compliance with the 1963 Vienna Convention on Consular Relations The introduction to this Note discusses how violations of the Vienna Convention are currently treated in the United States. In particular, the introduction discusses the unsuccessful attempts to prevent the execution of Karl and Walter LaGrand, two German nationals sentenced to death in Arizona. The LaGrands were convicted after a violation of their rights under the Vienna Convention because they were not informed without delay of their right to consular notification and assistance. In later appeals, United States courts …
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Joel Fishman
This article celebrates forty years of publication of the Duquesne Law Review.
Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman
Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman
Joel Fishman
Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.
Charitable State Registration And The Dormant Commerce Clause, Charles Nave
Charitable State Registration And The Dormant Commerce Clause, Charles Nave
William Mitchell Law Review
Charitable solicitation in the U.S. is regulated by “the several States.” For most of the nation's history, charities tended to be local endeavors, raising money and providing relief in their immediate vicinities. In the latter half of the twentieth century, charities increasingly grew beyond these local origins as new technologies enabled even the smallest charities to develop a national reach with direct mail and telemarketing campaigns. Nevertheless, primary authority for regulating charitable solicitations remained with the states.
Commentary On Legislative Educational Reform, Governor Mike Huckabee
Commentary On Legislative Educational Reform, Governor Mike Huckabee
University of Arkansas at Little Rock Law Review
No abstract provided.
Structuring The Political Process Under American State Constitutions, James A. Gardner
Structuring The Political Process Under American State Constitutions, James A. Gardner
Other Scholarship
No abstract provided.
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
William Mitchell Law Review
Tribal court dockets across the country have been growing steadily, and tribal courts are becoming an important part of the judicial fabric of the United States. To acknowledge this reality, state courts and legislatures across the United States have begun to address the important issues of how and whether to recognize tribal court judgments in state courts. The Minnesota Supreme Court adopted a rule that took effect in January of 2004 that provides guidelines for the recognition and enforcement of tribal court orders and judgments. The Minnesota Supreme Court Rule on the Recognition and Enforcement of Tribal Court Orders and …
Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben
UIC Law Review
No abstract provided.
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
UIC Law Review
No abstract provided.
Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini
Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini
UIC Law Review
No abstract provided.
Judicial Independence In Virginia, W. Hamilton Bryson
Judicial Independence In Virginia, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin Francis O'Neill
The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin Francis O'Neill
Cleveland State Law Review
This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of-our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference. In …
Ohio's Constitutions: An Historical Perspective, Barbara A. Terzian
Ohio's Constitutions: An Historical Perspective, Barbara A. Terzian
Cleveland State Law Review
This article takes us from 1802 to the present, through two state constitutions and four constitutional conventions. The author shows how the crucible of history shaped and reshaped the Ohio Constitution - from early struggles, on the very threshold of statehood, between Jeffersonian Republicans and Federalists; to the pressures exerted in their respective eras by Abolitionists, Progressives, and Prohibitionists; to the quests for suffrage by blacks and women; to the economic impact of the Civil War and the growing industrialization of subsequent decades. Terzian performs this survey with careful attention to the political dynamics at each of Ohio's constitutional conventions …
The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams
The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams
Cleveland State Law Review
There are a number of tentative conclusions that may be reached based on this selective analysis of the Ohio Supreme Court's first decade of experience with the New Judicial Federalism. First, the court is to be commended for taking the first steps toward recognizing the Ohio Constitution as a document of independent political and legal force. The Arnold decision, together with the others discussed in this article, serve to alert the lower bench, the bar, the media, and students and professors to the potential contained within state constitutions. Next, to the extent that there is inconsistency to be detected in …
Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill
Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill
Law Faculty Articles and Essays
This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference. …
The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel
The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel
Cleveland State Law Review
In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …
State Constitutional Law, New Judicial Federalism, And The Rehnquist Court , Shirley S. Abrahamson
State Constitutional Law, New Judicial Federalism, And The Rehnquist Court , Shirley S. Abrahamson
Cleveland State Law Review
Today, I believe, we find ourselves at an interesting crossroads. Over the past few decades, under the banner of new judicial federalism, many state courts have asserted a role for state constitutions in the protection of individual liberties and the resolution of legal disputes. This outburst of state constitutional fervor, however, has been met with great criticism from different camps, all believing that the uniformity provided by our federal constitution as interpreted by the U.S. Supreme Court should guide state court decisions and especially state constitutional interpretation. At the same time, the very ability of state courts to decide state …
Ohio Joins The New Judicial Federalism Movement: A Little To-Ing And A Little Fro-Ing , Marianna Brown Bettman
Ohio Joins The New Judicial Federalism Movement: A Little To-Ing And A Little Fro-Ing , Marianna Brown Bettman
Cleveland State Law Review
Bettman analyzes Ohio Supreme Court decisions construing the Speech, Press, Search and Seizure, Free Exercise, and Establishment Clause analogues of the Ohio Constitution. Here in Ohio, she concludes, New Judicial Federalism remains in its infancy. The Ohio Supreme Court is still struggling with the fundamentals of state constitutional interpretation. It remains heavily dependant on federal methodology when construing analogous provisions of the state constitution. Bettman gives us the unique perspective of a law professor who previously served as an Ohio appellate court judge. This perspective sensitizes her to the current political make-up of the Ohio Supreme Court. Today's court, she …
Ohio Constitutional Interpretation, Richard B. Saphire
Ohio Constitutional Interpretation, Richard B. Saphire
Cleveland State Law Review
Saphire provides a detailed review and critique of the Ohio Supreme Court's interpretive methodology since 1984. This examination, superb in itself, is rendered all the more valuable by Saphire's inclusion of two other discussions - one placing the Ohio experience in a larger historical context, the other probing the legitimacy and limits of New Judicial Federalism. Saphire concludes that the Ohio Supreme Court's commitment to state constitutional independence has been marked by inconsistency and ambivalence. This trend will continue, he suggests, until the court develops and articulates a theory of Ohio constitutional interpretation - something that it has so far …
Separation Of Powers In Ohio: A Critical Analysis, Curtis Rodebush
Separation Of Powers In Ohio: A Critical Analysis, Curtis Rodebush
Cleveland State Law Review
The goal of this Article is to provide a basic framework from which to begin a separation of powers analysis under the Ohio Constitution. In addition, this Article offers some insights into how a separation of powers controversy should be dissected and suggests some directions that Ohio courts should take in the future. Part I of this Article presents useful background information on the separation of powers doctrine, including its origin, its treatment in the Ohio Constitution, predominant theories of analysis, and relevant Ohio cases. Part II (A) hypothesizes a general approach with which to begin a separation of powers …
Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade
Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade
Cleveland State Law Review
This article looks at the one-subject rule's history and significant jurisprudence with particular note of any rules that can be determined. Next, we address the court's use of the rule in the controversial case of State ex rel. Ohio Academy of Trial Lawyers v. Sheward. Finally, we look at Amended Substitute Senate Bill No. 281-recently passed by the Ohio General Assembly-to determine if it will pass one-subject muster under recent jurisprudence.
Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson
UIC Law Review
No abstract provided.
Recalibrating Justiciability In Ohio Courts, Michael E. Solimine
Recalibrating Justiciability In Ohio Courts, Michael E. Solimine
Cleveland State Law Review
The term "separation of powers" does not appear in either the United States or Ohio Constitutions, but the concept has important implications for the adjudication of rights under both documents. In federal courts, litigants must possess certain characteristics, summarized under the rubric of "standing," to pursue such cases. To have standing, litigants traditionally must have suffered a concrete and ripe injury that was the result of the allegedly unlawful conduct. And even when those criteria are satisfied, cases that call for "political questions" to be resolved can be dismissed by federal judges. These limits to federal court authority are drawn …