State and Local Government Law Commons^™

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.

Henry H. Perritt, Jr.

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

John Travis Marshall

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan

Donald J. Kochan

California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias

Tim Iglesias

Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.

This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …

Energy Policy: A Test For Federalism, Jon L. Mills, R. D. Woodson

Jon L. Mills

This Article will examine the bases of state and federal power, exploring areas of both potential and existing conflict within the energy field. Situations in which either the state or federal government appears to have exclusive authority also will be scrutinized. Possible answers to problems caused by the clashing of governmental interests will be suggested, with an eye toward aiding policymakers to reach agreements which may avert such conflicts. Finally, a prognosis of the future of federalism in regard to the energy issue will be offered.

The 1987 Legislative Session, Jon L. Mills

Jon L. Mills

The 1987 Legislative session is one that will be remembered for many years; it signifies the year Florida grew up. As Sophocles said, "One must wait until the evening to see how splendid the day has been"; this landmark session will not easily be assessed for some time. For the past several years, Florida has been working to create a vision for its future and this year took its first steps toward that future. We have only just begun and, like the beginning of any long journey, we began by taking a first step. Our commitment today must be followed …

A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster

Mark Fenster

Part I of this paper provides an overview of the dominant conservative legal doctrines and governing practices that limited planners' goals and strategies in New Haven during the period from 1907 through 1913, and that planning advocates sought to change. Part II provides a narrative of the New Haven planning movement prior to the publication of a 1910 report by Cass Gilbert, a well-known New York-based architect, and Frederick Law Olmsted, Jr., a nationally recognized city planner, on how best to improve New Haven's physical environment and infrastructure. To illustrate the difficulties facing the nascent planning movement in New Haven, …

Developments In The Law Of Illinois: Home Rule, 17 J. Marshall L. Rev. 613 (1984), Ann Lousin, Alan Schaefer, Michele Brandhandler

Ann M. Lousin

No abstract provided.

Actions And Remedies Against Government Units And Public Officers For Nonfeasance, 11 Loy. U. Chi. L.J. 101 (1979), Paul T. Wangerin

Paul Wangerin

No abstract provided.

Constitional Basis And Implications Of Federal Collective Bargaining Legislation For State And Local Employees, Ronald C. Brown

Ronald Brown

No abstract provided.

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

Michael P. Seng

No abstract provided.

Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes

Wayne R. Barnes

In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …

Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik

Mark E. Wojcik

No abstract provided.

Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody

Susan L. Brody

No abstract provided.

Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy

Hugh Mundy

No abstract provided.

Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, Hugh M. Mundy

Hugh Mundy

As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual …

Texas Bucks The Trend - No Cause Of Action For Lost Chance Of Survival In The Medical Malpractice Context: Kramer V. Lewisville Memorial Hospital, Wayne Barnes

Wayne R. Barnes

Jennie Kramer visited her gynecologist in August 1985 complaining of unusual discharges and intermittent bleeding. At that time, her doctor informed her that she tested negative for cancer. Her irregular bleeding continued, but on two subsequent visits to another doctor in November and December, Ms. Kramer was again informed that she did not have cancer. During February of 1986, after continued bleeding, Ms. Kramer detected a hard spot in her vagina. She returned to the second doctor a third time, at which time she was diagnosed with cancer. In spite of subsequent exploratory surgery and chemotherapy, Ms. Kramer died on …

Constitutional Revision: Are Seriatim Amendments Or Constitutional Conventions The Better Way To Amend A State Constitution?, 115 Penn St. L. Rev. 1099 (2011), Ann M. Lousin

Ann M. Lousin

No abstract provided.

Challenges Facing State Constitutions In The Twenty-First Century, 62 La. L. Rev. 17 (2001), Ann Lousin

Ann M. Lousin

No abstract provided.

The 1970 Illinois Constitution: Has It Made A Difference?, 8 N. Ill. U. L. Rev. 571 (1988), Ann Lousin

Ann M. Lousin

No abstract provided.

How To Hold A State Constitutional Convention In The Twenty-First Century, 44 Loy. L.A. L. Rev. 603 (2011), Ann Lousin

Ann M. Lousin

Although few states have held constitutional conventions in recent decades, there is renewed interest in holding state constitutional conventions in the twenty-first century. This Essay explains the author's views on holding such a convention, based on her experience in Illinois and with a view toward a California convention. The author believes that the two keys to a successful convention in the twenty-first century are extensive preparation and transparency. Only with preparation can the delegates and staff of a convention draft a document worthy of adoption. Only with great transparency of the process, especially in the Internet age, can the citizens …

The New Ex Parte Communications Rule In Illinois: A Step Forward, 19 Loy. U. Chi. L.J. 1031 (1988), Ann Lousin

Ann M. Lousin

No abstract provided.

Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin

Ann M. Lousin

No abstract provided.

The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn

Steven D. Schwinn

This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.

Toward A More Expansive Welfare Devolution Debate, 9 Lewis & Clark L. Rev. 311 (2005), Steven D. Schwinn

Steven D. Schwinn

Leading up to and in the wake of national welfare reform, commentators, scholars, and advocates debated one of the key ingredients in the 1996 legislation: devolution of responsibility for the design and administration of welfare from the federal government to the states. Pro-devolutionists argued that devolution would create 50 state welfare experiments, would result in welfare programs tailored to the unique needs of individual states, and would lead to a race to the top in the quality of welfare programs. Anti-devolutionists argued that devolution would encourage states to compete to repel welfare recipients, to avoid becoming welfare magnets, and, ultimately, …

Survey Of Illinois Law - Civil Procedure, 14 S. Ill. U. L.J. 699 (1990), Diane S. Kaplan, Donald L. Beschle

Donald L. Beschle

No abstract provided.

Defining The Scope Of State Sovereignty Under The Tenth Amendment: A Structural Approach, 34 Depaul L. Rev. 163 (1984), Donald L. Beschle

Donald L. Beschle

No abstract provided.

Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin

Patrick Martin

In February of 2011, Governor of Ohio John Kasich signed legislation that created JobsOhio. This has been a controversial program based on the method that it was implemented and some of the rules that govern the program.it. In November of 2013, ProgressOhio, a citizens advocacy group, challenged the constitutionality of the program but the suit was dismissed by the Ohio Supreme Court for lack of standing by the plaintiffs. There has been no court decision that adjudicates the program on the merits, only on the jurisdictional standing of a party to a suit that challenged the legislation. To date, only …

Municipal Liability For Police Misconduct, 51 Miss. L.J. 1 (1980), Michael P. Seng

Michael P. Seng

No abstract provided.