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Articles 7021 - 7050 of 15825
Full-Text Articles in State and Local Government Law
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Publications
In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
Richmond Journal of Law and the Public Interest
This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.
Policing The Police: Clarifying The Test For Holding The Government Liable Under 42 U.S.C. § 1983 And The State-Created Danger Theory, Jeremy D. Kernodle
Policing The Police: Clarifying The Test For Holding The Government Liable Under 42 U.S.C. § 1983 And The State-Created Danger Theory, Jeremy D. Kernodle
Vanderbilt Law Review
On October 20, 1980, as Barbara Piotrowski left a donut shop, a man hired by her ex-boyfriend to kill her shot her four times in the chest. Within twenty-four hours, the Houston Police Department ("HPD") arrested the gunman and his driver and obtained heir confessions. Piotrowski's millionaire ex-boyfriend moved to England and was never arrested nor brought to trial.
Fifteen years later, Piotrowski sued the City of Houston under 42 U.S.C. § 1983 for depriving her of her constitutional right to life and liberty and equal protection. She based her lawsuit primarily on information that a month before the shooting, …
International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin
International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin
Indiana Law Journal
Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
St. Mary's Law Journal
Abstract Forthcoming.
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories., Laura H. Burney
St. Mary's Law Journal
Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …
Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber
Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber
Law Faculty Articles and Essays
Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative branches. The vast panoply of congressional and regulatory federal action that bears on the protections afforded and rights to recover for persons within their ambit is a subject for another day. Similarly, the rare areas in which the Supreme Court of the United States establishes federal common law are subjects for another day. On a national scale, the impetus for state legislative reform action can be found in a series of landmark decisions that were soon adopted, in largely similar form, by almost all state supreme …
Unocal Revisited: No Tiger In The Tank, Mark J. Loewenstein
Unocal Revisited: No Tiger In The Tank, Mark J. Loewenstein
Publications
No abstract provided.
Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez
Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth
Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California, Collette C. Galvez, Peter Sansom
Dental Board Of California, Collette C. Galvez, Peter Sansom
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth
Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth
Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Podiatric Medicine, Monisha Ann Coelho, J. D. Fellmeth
Board Of Podiatric Medicine, Monisha Ann Coelho, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
California Architects Board, Karla Dawn Bell, John C. Hemmerling, Rusty Nichols
California Architects Board, Karla Dawn Bell, John C. Hemmerling, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
Contractors' State License Board, Karla Dawn Bell, Phil Moskal, J. D. Fellmeth
Contractors' State License Board, Karla Dawn Bell, Phil Moskal, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board For Professional Engineers And Land Surveyors, Caroline J. Clark, J. D. Fellmeth
Board For Professional Engineers And Land Surveyors, Caroline J. Clark, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Alcoholic Beverage Control, Collette C. Galvez, Peter Sansom
Department Of Alcoholic Beverage Control, Collette C. Galvez, Peter Sansom
California Regulatory Law Reporter
No abstract provided.
California State Athletic Commission, Sapna Iyer, Melissa A. Karpouzes, Rusty Nichols
California State Athletic Commission, Sapna Iyer, Melissa A. Karpouzes, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
Cal-Osha, Rebecca A. Richards, Tatiana Rodriguez, Donna Shen, Rusty Nichols
Cal-Osha, Rebecca A. Richards, Tatiana Rodriguez, Donna Shen, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, Stacy Baker, Paul T. Greco, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, Collette C. Galvez, J. D. Fellmeth
Department Of Insurance, Stacy Baker, Paul T. Greco, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, Collette C. Galvez, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, Lisa J. Frisello, Rusty Nichols
Department Of Real Estate, Lisa J. Frisello, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
Senate Office Of Research, Collette C. Galvez
Senate Office Of Research, Collette C. Galvez
California Regulatory Law Reporter
No abstract provided.
Legislative Analyst's Office, Celeste L. Toy
Legislative Analyst's Office, Celeste L. Toy
California Regulatory Law Reporter
No abstract provided.
Bureau Of State Audits, Joshua L. Brothers
Bureau Of State Audits, Joshua L. Brothers
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, Tasha Soroosh, Rusty Nichols
Office Of Administrative Law, Tasha Soroosh, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Lisa J. Frisello, Melissa A. Karpouzes, Charlotte Wilder, Collette C. Galvez, J. D. Fellmeth
State Bar Of California, Lisa J. Frisello, Melissa A. Karpouzes, Charlotte Wilder, Collette C. Galvez, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Seattle University Law Review
This Article describes the high rate at which courts have invali- dated Washington initiatives and then explores why this is so. The Article suggests that it is initiative lawmaking's Populist orientation—with respect to both its unfiltered majoritarian processes and its often—constitutionally suspect substance-that makes initiatives vulnerable to legal attack.
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Faculty Scholarship
Discussions about the allocation of authority between federal and subfederal systems in the implementation of international human rights law typically proceed by staking out one of two initial positions. At one end of the spectrum, a traditional constitutional theory takes a restrictive view of state and local authority, envisioning hierarchical imposition of federally implemented international law norms through the federal treaty power and determination of customary international law by federal courts. At the other end of the spectrum, a revisionist theory assumes greater fragmentation and authority reserved to the states based on federalism and separation of powers limits on federal …