State and Local Government Law Commons^™

A New Strategy For Regulating Arbitration, Sarath Sanga

Northwestern University Law Review

Confidential arbitration is a standard precondition to employment. But confidential arbitration prevents a state from ensuring or even knowing whether employees’ economic, civil, and due process rights are respected. Further, employers regularly require employees to waive rights to class proceedings (thereby foreclosing small claims) and to arbitrate under the laws of another jurisdiction (thereby evading mandatory state law). In response, states have tried to regulate arbitration provisions, arbitral awards, and arbitral processes. But these efforts have all failed because the Supreme Court says they are preempted by the Federal Arbitration Act.

In this Article, I argue that states can and …

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region

13 slides

Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law

77 slides

New Mexico Water Stake In The Colorado River, Estevan R. Lopez

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Estevan R. Lopez, Interstate Stream Commission, New Mexico.

2 pages.

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Scholarly Works

No abstract provided.

The Utah Wilderness Debate (Or Is That Debacle), Jeffrey W. Appel

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

95 pages (includes illustrations and maps).

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

Voting Rights, Home Rule, And Metropolitan Governance: The Secession Of Staten Island As A Case Study In The Dilemmas Of Local Self-Determination, Richard Briffault

Faculty Scholarship

On January 1, 1898, amid fanfare and celebration, the city of Greater New York – "the greatest experiment in municipal government the world has ever known" – was born. The consolidation of the cities, counties, and towns on the New York State side of New York Harbor into one great metropolis was a capstone to one century of rapid economic and population growth and a fitting harbinger of a new century of urban greatness for the region and, indeed, the nation. Now, with another century mark approaching, there is a distinct possibility that the City of New York, already beset …

Our Localism: Part I – The Structure Of Local Government Law, Richard Briffault

Faculty Scholarship

Two themes dominate thejurisprudence of American local government law: the descriptive assertion that American localities lack power and the normative call for greater local autonomy. The positive claim of local legal powerlessness dates back to the middle of the nineteenth century and continues to be affirmed by treatises and commentators as a central element of state-local relations. The argument for local selfdetermination has a comparably historic pedigree and broad contemporary support. The scholarly proponents of greater local power – what I will call "localism" – make their case in terms of economic efficiency, education for public life and popular political …

Our Localism: Part Ii – Localism And Legal Theory, Richard Briffault

Faculty Scholarship

A central theme in the literature of local government law is that local governments are powerless, incapable of initiating programs on behalf of their citizens or of resisting intrusions by the state. How can scholars make this claim when under state legislation and federal and state judicial decisions local autonomy plays a critical role in the law of school finance, land-use regulation and local government formation and preservation? As we have seen, a partial response turns on the varying assessments of the nature of power. But much of the answer also has to do with differing assumptions about the underlying …

How Citizens Can Use The Initiative Power, Robert L. Scott

IUSTITIA

The purpose of this discussion is to demonstrate how the initiative power may be employed by citizens wishing to pass a law independent of the state legislature. Although the initiative power is granted in many state constitutions, in the past it has been used sparingly. However during these days of political activism the initiative power has been given new vitality. For example, in the area of environmental law it has been employed by citizens groups in such states as California, Illinois, and Wisconsin to reserve greater individual rights against environmental polluters.

The Powers Of Home Rule Cities In Colorado, Howard C. Klemme

Publications

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, December 30, 1885 - May 18, 1886, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1883 - May 12, 1884, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, November 28, 1881 - April 24, 1882, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1879 - May 6, 1880, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, December 31, 1877 - April 10, 1878, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1877 - April 10, 1878, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, December 31, 1875 - March 20, 1876, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, December 31, 1875 - March 20, 1876, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, December 1, 1873 - February 23, 1874, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, December 1, 1873 - February 23, 1874, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, January 8, 1873 - April 24, 1873, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 7, 1873 - April 24, 1873, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, January 4, 1871 - March 23, 1871, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, December 4, 1871 - March 29, 1872, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, December 4, 1871 - March 29, 1872, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 4, 1871 - March 23, 1871, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, January 5, 1869 - March 16, 1869, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.