State and Local Government Law Commons^™

Let My Brewers Go! A Look At Home Brewing In The U.S., Hannah Jeppsen

Journal of Food Law & Policy

In mid-August of 2012, a group of Americans stormed the White House, demanding transparency on a subject many Americans may find surprising: beer. More specifically, Americans requested White House home brew recipes, a presidential secret until Barack Obama's administration released them on September 1, 2012. Not only does Obama enjoy a good home brew, he is also the first president to brew in the White House and even take beer on the campaign trail. However, it was the August petition that garnered home brewing national media attention.

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review (2017-Present)

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …

Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano

Touro Law Review

No abstract provided.

Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer

All Faculty Scholarship

The year 2018 marked the fiftieth anniversary of the Pennsylvania Constitution of 1968. The time seems ripe, therefore, to explore the Pennsylvania Supreme Court’s exercise of judicial review under the 1968 Pennsylvania Constitution. This Article constitutes the first such comprehensive exploration.

The Article begins with an historical overview of the evolution of the Pennsylvania Constitution, culminating in the Constitution of 1968. It then presents a census of the 372 cases in which the Pennsylvania Supreme Court has vindicated distinctive Pennsylvania Constitutional rights under the Constitution of 1968.

Analysis of these cases leads to three conclusions:

1. Exercise of independent constitutional …

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …

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.

California Liquor Liability: A Decade After Coulter V. Superior Court , Darla R. Desteiguer

Pepperdine Law Review

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin

St. Mary's Law Journal

Texas landowners face a heavy burden in bringing claims for damages arising out of inherently undiscoverable damages to mineral estates because the statute of limitations starts at the time of injury rather than the time of discovery. Previously, courts adopted the discovery rule as an exception to the statute of limitations, effectively stalling the starting point of the statute of limitations. A two-pronged threshold inquiry is held before the application of the discovery rule. First, the court must determine if the injury is inherently undiscoverable or not detected despite the use of due diligence. Secondly, there must be objectively verifiable …

The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda

St. Mary's Law Journal

Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …

Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly

St. Mary's Law Journal

Since Gregg v. Georgia, the Supreme Court has developed what could be described as a subparadigm for capital punishment. This subparadigm is now at a point of crisis for two enduring and mutually supporting reasons. The dissents by Justice Brennan and Justice Marshall represent the convergence of the better modern thought in regard to capital punishment. Even with the retirement of both Justices, the criticism found in their dissenting opinions presents a continuing challenge to the plurality’s position. Those using the plurality’s rhetoric are now split into two groups. Justices Blackmun and Stevens regularly vote against capital punishment, while focusing …

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …

Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland

St. Mary's Law Journal

A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …