Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (67)
- Constitutional Law (66)
- Law and Society (62)
- Legislation (54)
- Environmental Law (51)
-
- Land Use Law (41)
- Courts (39)
- Jurisprudence (36)
- Oil, Gas, and Mineral Law (36)
- Legal Ethics and Professional Responsibility (34)
- Social and Behavioral Sciences (29)
- Health Law and Policy (28)
- Judges (28)
- Property Law and Real Estate (28)
- Legal History (24)
- Natural Resources Law (24)
- Public Affairs, Public Policy and Public Administration (22)
- Civil Rights and Discrimination (21)
- Immigration Law (21)
- Human Rights Law (20)
- Public Law and Legal Theory (19)
- Business Organizations Law (18)
- International Law (17)
- Military, War, and Peace (17)
- Social Welfare Law (17)
- Education Law (16)
- Labor and Employment Law (16)
- Litigation (16)
- Institution
-
- Pepperdine University (69)
- Selected Works (62)
- St. Mary's University (29)
- SelectedWorks (22)
- University of Richmond (17)
-
- Case Western Reserve University School of Law (11)
- University of Michigan Law School (11)
- UIC School of Law (10)
- University of Colorado Law School (10)
- Seattle University School of Law (9)
- University of California, Irvine School of Law (9)
- New York Law School (8)
- American University Washington College of Law (6)
- University of Maryland Francis King Carey School of Law (6)
- University of Georgia School of Law (5)
- Duke Law (4)
- Fordham Law School (4)
- Pace University (4)
- University of Baltimore Law (4)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Montana (3)
- University of Pennsylvania Carey Law School (3)
- Washington and Lee University School of Law (3)
- William & Mary Law School (3)
- Brooklyn Law School (2)
- Florida International University College of Law (2)
- Florida State University College of Law (2)
- Loyola University Chicago, School of Law (2)
- North Carolina Central University School of Law (2)
- Notre Dame Law School (2)
- Keyword
-
- State and Local Government Law (23)
- Land use (21)
- California (20)
- Legislation (19)
- St. Mary’s University School of Law (19)
-
- Zoning (17)
- Local government (15)
- Patricia Salkin (15)
- Ohio (13)
- Salkin (13)
- Administrative procedure (12)
- Climate change (12)
- Constitutional Law (11)
- Federalism (11)
- Planning (11)
- State law; State administrative decision; (11)
- Virginia (10)
- Constitution (9)
- St. Mary’s Journal on Legal Malpractice & Ethics (9)
- Administrative Law (8)
- Education (8)
- Examiners (8)
- Global warming (8)
- Judicial review (8)
- Jurisdiction (8)
- Law and Society (8)
- Municipalities (8)
- Regulation (8)
- Administrative law judges (7)
- Colorado (7)
- Publication
-
- Journal of the National Association of Administrative Law Judiciary (38)
- Pepperdine Law Review (30)
- Patricia E. Salkin (16)
- St. Mary's Law Journal (16)
- Faculty Scholarship (13)
-
- St. Mary's Journal on Legal Malpractice & Ethics (13)
- Ohio Oil & Gas Commission Decisions (11)
- UC Irvine Law Review (9)
- University of Richmond Law Review (9)
- Seattle University Law Review (8)
- UIC Law Review (8)
- Paulo Ferreira da Cunha (6)
- Rooftops Project (6)
- Georgia Law Review (5)
- All Faculty Scholarship (4)
- Articles (4)
- Charles H. Baron (4)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (4)
- Faculty Law Review Articles (3)
- Faculty Publications (3)
- Jay Tidmarsh (3)
- Journal Articles (3)
- Journal of Health Care Law and Policy (3)
- Nicole Stelle Garnett (3)
- Paul Diller (3)
- Richard J. Peltz-Steele (3)
- Richmond Journal of Law and the Public Interest (3)
- Richmond Public Interest Law Review (3)
- Touro Law Review (3)
- Virginia Coastal Policy Center (3)
- Publication Type
- File Type
Articles 1 - 30 of 366
Full-Text Articles in State and Local Government Law
Local Government Law, Kirk Fjelstul
Local Government Law, Kirk Fjelstul
Mercer Law Review
This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2012 to May 31, 2013.
Tort Law: The Languages Of Duty, Jay Tidmarsh
States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve
States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve
Jay Tidmarsh
No abstract provided.
Finding Room For State Class Actions In A Post-Cafa World: The Case Of The Counterclaim Class Action, Jay Tidmarsh
Finding Room For State Class Actions In A Post-Cafa World: The Case Of The Counterclaim Class Action, Jay Tidmarsh
Jay Tidmarsh
No abstract provided.
Localism And Capital Punishment, Stephen F. Smith
Localism And Capital Punishment, Stephen F. Smith
Stephen F. Smith
Professor Adam Gershowitz presents an interesting proposal to transfer from localities to states the power to enforce the death penalty. In his view, state-level enforcement would result in a more rationally applied death penalty because states would be much more likely to make capital charging decisions based on desert, without the distorting influence of the severe resource constraints applicable to all but the wealthiest of localities. As well conceived as Professor Gershowitz’s proposal is, however, I remain skeptical that statewide enforcement of the death penalty would be preferable to continued local enforcement. First, Professor Gershowitz underestimates the benefits of localism …
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
Pretextual Takings: Of Private Developers, Local Governments, And Impermissible Favoritism, Daniel B. Kelly
Pretextual Takings: Of Private Developers, Local Governments, And Impermissible Favoritism, Daniel B. Kelly
Daniel B Kelly
Since Kelo v. City of New London, the preferred litigation strategy for challenging a condemnation that benefits a private party is to allege that the taking is pretextual. This Article contends that, although pretextual takings are socially undesirable, the current judicial test for identifying such takings is problematic. Yet an alternative, intent-based test might be impracticable, as well as underinclusive: condemnors often have mixed motives, particularly when confronted with a firm's credible threat to relocate. Instead, the Article develops a framework that emphasizes informational differences between local governments and private developers. When the government lacks information regarding the optimal site …
Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick
Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick
Barbara J. Fick
This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.
See The Mojave!, John C. Nagle
See The Mojave!, John C. Nagle
John Copeland Nagle
This article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave Desert. The Mojave is the best known and most explored desert in the United States. For many people, though, the Mojave is missing from any list of America’s scenic wonders. The evolution in thinking about the Mojave’s aesthetics takes places in two acts. In the first act, covering the period from the nineteenth century to 1994, what began as a curious voice praising the desert’s scenery developed into a powerful movement that prompted Congress to enact the CDPA. The second act …
Managing The Urban Commons, Nicole Stelle Garnett
Managing The Urban Commons, Nicole Stelle Garnett
Nicole Stelle Garnett
No abstract provided.
Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett
Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett
Nicole Stelle Garnett
No abstract provided.
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Nicole Stelle Garnett
This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …
The Constraint Of Dignity: Lawrence V. Texas And Public Morality, Kristian R. Mukoski
The Constraint Of Dignity: Lawrence V. Texas And Public Morality, Kristian R. Mukoski
Notre Dame Law Review
This Note will proceed in four parts. Part I will catalogue the jurisprudential and philosophical conflict over the legitimacy of morals legislation. Part II will examine the Supreme Court’s jurisprudence regarding reproductive and sexual liberty, noting the trend towards conflating liberty with autonomy that culminated in Lawrence v. Texas. Part III will closely scrutinize the characterization of liberty in Lawrence, demonstrating that it is restricted by associational and spatial limitations. Part IV will connect those limitations to the description of dignity Justice Kennedy employed in Lawrence and in other cases. This conception of dignity embodies substantive values concerning the appropriate …
Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis
Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis
Political Science & Global Affairs Faculty Publications
The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient issue due …
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that will most likely impact those practitioners. This article does not, however, discuss many of the numerous technical legislative changes to title 58.1 of the Virginia Code, which covers taxation.
Nonsuit In Virginia Civil Trials, Richard G. Moore
Nonsuit In Virginia Civil Trials, Richard G. Moore
University of Richmond Law Review
No abstract provided.
Commonwealth And Constitution, Robert S. Claiborne Jr.
Commonwealth And Constitution, Robert S. Claiborne Jr.
University of Richmond Law Review
No abstract provided.
Issue 1: Annual Survey 2013 Table Of Contents
Issue 1: Annual Survey 2013 Table Of Contents
University of Richmond Law Review
No abstract provided.
Preface, Christopher W. Bascom
Preface, Christopher W. Bascom
University of Richmond Law Review
No abstract provided.
Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough
Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
The Market For Deadbeats, Margaret F. Brinig, F. H. Buckley
The Market For Deadbeats, Margaret F. Brinig, F. H. Buckley
Margaret F Brinig
This article outlines three explanations for why states seek migrants and tests them by references to 1985-90 interstate migration flows. On race-for-the-top theories, states compete for value-increasing migrants by offering them healthy economies and efficient laws. On vote-seeking theories, states compete for clienteles of voters, with some states seeking to attract and some to deter welfare- or tax-loving migrants. On deadbeat theories, states compete for high human capital debtors by offering them a fresh start from out-of-state creditors. Our findings support vote-seeking and deadbeat theories.
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia
Anthony J. Bellia
Scholars have long debated the separation of powers question of what judicial power federal courts have under Article III of the Constitution in the enterprise of interpreting federal statutes. Specifically, scholars have debated whether, in light of Founding-era English and state court judicial practice, the judicial power of the United States should be understood as a power to interpret statutes dynamically or as faithful agents of Congress. This Article argues that the question of how courts should interpret federal statutes is one not only of separation of powers but of federalism as well. State courts have a vital and often …
Federal Regulation Of State Court Procedures, Anthony J. Bellia
Federal Regulation Of State Court Procedures, Anthony J. Bellia
Anthony J. Bellia
May Congress regulate the procedures by which state courts adjudicate claims arising under state law? Recently, Congress not only has considered several bills that would do so, but has enacted a few of them. This Article concludes that such laws exceed Congress's constitutional authority. There are serious questions as to whether a regulation of court procedures qualifies as a regulation of interstate commerce under the Commerce Clause. Even assuming, however, that it does qualify as such, the Tenth Amendment reserves the power to regulate court procedures to the states. Members of the Founding generation used conflict-of-laws language to describe a …
May A Federal Court Remand A Case To State Court After Federal Claims Have Been Deleted?, Joseph P. Bauer
May A Federal Court Remand A Case To State Court After Federal Claims Have Been Deleted?, Joseph P. Bauer
Joseph P. Bauer
This Article provides a preview of Carnegie-Mellon University v. Honorable Maurice B. Cohill, Jr., argued before the Supreme Court of the United States on November 10, 1987. This case concerns the circumstances under which a lawsuit, properly commenced in a state court and then removed before trial to a federal court, may be sent back (remanded) to the state court.
On one level, this case seems only to involve technical interpretations of federal statutes governing procedure in the federal courts. At another level, however, it involves more general and important issues. Among these are how to allocate judicial power …
Addressing The Incoherency Of The Preemption Provision Of The Copyright Act Of 1976, Joseph P. Bauer
Addressing The Incoherency Of The Preemption Provision Of The Copyright Act Of 1976, Joseph P. Bauer
Joseph P. Bauer
Section 301 of the Copyright Act of 1976 expressly preempts state law actions that are within the "general scope of copyright" and that assert claims that are "equivalent to" the rights conferred by the Act. The Act eliminated the previous system of common law copyright for unpublished works, which had prevailed under the prior 1909 Copyright Act. By federalizing copyright law, the drafters of the statute sought to achieve uniformity and to avoid the potential for state protection of infinite duration. The legislative history of § 301 stated that this preemption provision was set forth "in the clearest and most …
Appeal No. 0850: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0850: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2013-79
Could A State-Level Carbon Tax Work In The Intermountain West?, Adele C. Morris
Could A State-Level Carbon Tax Work In The Intermountain West?, Adele C. Morris
Brookings Scholar Lecture Series
With the U.S. federal government stuck in partisan gridlock, attention increasingly turns to states and localities for innovative climate solutions. This talk will explore the option for Intermountain West states to tax carbon, including how they could establish a tax base, set price signals, and manage revenue. The presentation will pay special attention to the option of “swapping” a carbon tax for revenue sources that more negatively impact economic growth, such as taxes on business activity. This research will explore the advantages and disadvantages of different approaches and consider the issue of the burdens on lower income households and certain …
Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt
Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt
All Faculty Scholarship
This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees’ whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but …
Reflections On The State As Fiduciary, Andrew S. Gold
Reflections On The State As Fiduciary, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner
Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner
North Carolina Central Law Review
No abstract provided.