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The Next Thirty Years: Developments In Mandamus Jurisprudence In The Last Thirty Years And Why The General Rule That Mandamus Is Unavailable To Review The Denial Of Summary Judgment Is Inconsistent With Modern Mandamus Jurisprudence Under The In Re Prudential Balancing Test, Timothy Delabar 2024 St. Mary's University

The Next Thirty Years: Developments In Mandamus Jurisprudence In The Last Thirty Years And Why The General Rule That Mandamus Is Unavailable To Review The Denial Of Summary Judgment Is Inconsistent With Modern Mandamus Jurisprudence Under The In Re Prudential Balancing Test, Timothy Delabar

St. Mary's Law Journal

No abstract provided.


Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson 2024 St. Mary's University

Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson

St. Mary's Law Journal

No abstract provided.


Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts 2024 St. Mary's University

Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts

St. Mary's Law Journal

No abstract provided.


Nondelegation And The Legislative Versus Administrative Exactions Divide: Why Legislatively Imposed Exactions Do Not Require A More Searching Standard Of Review, Hunter Dominick 2024 Fordham University School of Law

Nondelegation And The Legislative Versus Administrative Exactions Divide: Why Legislatively Imposed Exactions Do Not Require A More Searching Standard Of Review, Hunter Dominick

Fordham Law Review

As the United States continues to grow and urbanize, local governments have tried to manage this growth to mitigate the external impacts that new developments can cause. One method by which state and local governments seek to control growth within their borders is by imposing conditions on the issuance of building permits—otherwise known as exactions. Exactions, however, face federal constitutional limits under the Takings Clause of the Fifth Amendment, which applies to state and local governments through the Fourteenth Amendment.

In Nollan v. California Coastal Commission and Dolan v. City of Tigard, the U.S. Supreme Court restricted exactions in …


When Governors Prioritize Individual Freedom Over Public Health: Tort Liability For Government Failures, Barbara Pfeffer Billauer JD, MA, PhD 2024 University of Porto

When Governors Prioritize Individual Freedom Over Public Health: Tort Liability For Government Failures, Barbara Pfeffer Billauer Jd, Ma, Phd

Journal of Law and Health

Over half the states have enacted laws diminishing or curtailing the rights of the executive branch (legislatures or governors) to enact laws to preserve, protect, or safeguard public health in the wake of the COVID-19 emergency. Governor DeSantis, of Florida, for example, effectively banned mask mandates in schools during the high point of the epidemic – based on flawed science and erroneous data – and now wants to make that response permanent. The rules effectuating this Executive Order were enacted under an emergency order finding a threat to public health. Nevertheless, the response promulgated by the Florida Department of Health …


The Ninth Amendment: An Underutilized Protection For Reproductive Choice, Layne Huff 2024 S.J. Quinney College of Law

The Ninth Amendment: An Underutilized Protection For Reproductive Choice, Layne Huff

Journal of Law and Health

Concern about individual rights and the desire to protect them has been part of our nation since its founding, and continues to be so today. The Ninth Amendment was created to assuage the Framers’ concerns that enumerating some rights in the Bill of Rights would leave unenumerated rights unrecognized and unprotected, affirming that those rights are not disparaged or denied by their lack of textual support. The Ninth Amendment has appeared infrequently in our jurisprudence, and Courts initially construed it rather narrowly. But starting in the 1960s, the Ninth Amendment emerged as a powerful tool not just for recognizing unanticipated …


Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner 2024 Cleveland State University College of Law

Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner

Journal of Law and Health

Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …


Personal Data And Vaccination Hesitancy: Covid-19’S Lessons For Public Health Federalism, Charles D. Curran 2024 The Catholic University of America, Columbus School of Law

Personal Data And Vaccination Hesitancy: Covid-19’S Lessons For Public Health Federalism, Charles D. Curran

Catholic University Law Review

During the COVID-19 vaccination campaign, the federal government adopted a more centralized approach to the collection of public health data. Although the states previously had controlled the storage of vaccination information, the federal government’s Operation Warp Speed plan required the reporting of recipients’ personal information on the grounds that it was needed to monitor the safety of novel vaccines and ensure correct administration of their multi-dose regimens.

Over the course of the pandemic response, this more centralized federal approach to data collection added a new dimension to pre-existing vaccination hesitancy. Requirements that recipients furnish individual information deterred vaccination among undocumented …


Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School of Law 2024 Roger Williams University

Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


A New Federalist Approach To Reducing Gun Violence: Model State Policy For Medicaid-Funded, Hospital-Based Violence Intervention Programs, Racquel Bozzelli 2024 Buffalo Law Review

A New Federalist Approach To Reducing Gun Violence: Model State Policy For Medicaid-Funded, Hospital-Based Violence Intervention Programs, Racquel Bozzelli

Buffalo Law Review

No abstract provided.


The "Bounds" Of Moore: Pluralism And State Judicial Review, Leah M. Litman, Katherine Shaw 2024 University of Michigan Law School

The "Bounds" Of Moore: Pluralism And State Judicial Review, Leah M. Litman, Katherine Shaw

Articles

In Moore v. Harper, the Supreme Court rejected a maximalist version of the “independent state legislature theory” (ISLT), invoking state judicial practices both before and after the Constitution was ratified. This piece uses Moore’s method to examine another variation on the ISLT, one pushed most recently by Justice Brett Kavanaugh and before him by Chief Justice William Rehnquist. The Rehnquist-Kavanaugh version of the ISLT would empower federal courts to review state officers’ interpretation of state laws regarding federal elections. But the logic of Moore is fatal to that potential version of the ISLT. The Rehnquist-Kavanaugh version of the ISLT contemplates …


Resurrecting Weighted Voting, Norman R. Williams 2024 Willamette University

Resurrecting Weighted Voting, Norman R. Williams

Buffalo Law Review

No abstract provided.


The Case For Waivable Employee Rights: A Contrarian View, William R. Corbett 2024 Paul M. Hebert Law Center of Louisiana State University

The Case For Waivable Employee Rights: A Contrarian View, William R. Corbett

Buffalo Law Review

No abstract provided.


Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, Stephanie Smith 2024 University of Washington School of Law

Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, Stephanie Smith

Washington Journal of Social & Environmental Justice

No abstract provided.


The California Supreme Court Replaces Gingles Prong One, Bruce A. Wessel, Jason D. D'Andrea 2024 Fordham Law School

The California Supreme Court Replaces Gingles Prong One, Bruce A. Wessel, Jason D. D'Andrea

Fordham Law Voting Rights and Democracy Forum

No abstract provided.


Ohio’S Failure To Protect Motorcyclists' Heads: A Law Enforcement Perspective, B. Thomas 2024 Cleveland State University

Ohio’S Failure To Protect Motorcyclists' Heads: A Law Enforcement Perspective, B. Thomas

Et Cetera

As a former police officer, the aftereffects of helmetless motorcycle crashes will forever haunt me. This Article discusses the need for helmet laws for all motorcyclists.


Inequitable By Design: The Strategic Distribution Of Costs And Benefits By Business Improvement Districts And Special Assessments, Molly Gillespie 2024 Cleveland State University

Inequitable By Design: The Strategic Distribution Of Costs And Benefits By Business Improvement Districts And Special Assessments, Molly Gillespie

Et Cetera

Business Improvement Districts (BIDs) are most commonly credited for their innovative strategies in rejuvenating the economic vitality in American cities. However, their implementation raises concerns about fairness and equity. The current practice of financing BIDs through special assessments, particularly applying the front footage method, disproportionately burdens certain property owners for the benefit of others. Consequently, property owners face a range of issues, including financial strain, involuntary annexation, and potential threats to property ownership. However, the existing framework of state constitutions lack the necessary provisions to adequately address these challenges, underscoring the need for significant reform.

This Note addresses these concerns …


S.B. H(8): Battle Of The Bills And Private Enforcement, Hailey Martin 2024 University of Cincinnati College of Law

S.B. H(8): Battle Of The Bills And Private Enforcement, Hailey Martin

University of Cincinnati Law Review

No abstract provided.


Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark 2024 Alexander Blewett III School of Law at the University of Montana

Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark

University of Cincinnati Law Review

No abstract provided.


Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, Jordan Weeks 2024 Case Western Reserve University School of Law

Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, Jordan Weeks

Cleveland State Law Review

The Fourth Amendment was one of the driving forces behind the United States Revolution. This Amendment generally protects individuals against “unreasonable” searches and seizures. But what does “reasonable” mean in the context of a traffic stop?

In 1996, the U.S. Supreme Court in Whren v. United States tried answering this question. In so doing, the Court determined that pretextual traffic stops are “reasonable.” Pretextual traffic stops occur where an officer stops a vehicle and cites a lawful reason for the stop, yet the underlying reason is unlawful. The Whren Court determined that an officer’s intent is completely irrelevant to whether …


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