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Comments On Public Lands: Title Transfer Proposals, Chuck Howe 2015 University of Colorado Law School

Comments On Public Lands: Title Transfer Proposals, Chuck Howe

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.


Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias 2015 University of San Francisco, School of Law

Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias

Tim Iglesias

Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary ...


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


Fighting Slapps In Federal Court: Erie, The Rules Enabling Act, And The Application Of State Anti-Slapp Laws In Federal Diversity Actions, Benjamin Ernst 2015 Boston College Law School

Fighting Slapps In Federal Court: Erie, The Rules Enabling Act, And The Application Of State Anti-Slapp Laws In Federal Diversity Actions, Benjamin Ernst

Boston College Law Review

Legislatures across the United States have passed laws to combat strategic lawsuits against public participation (“SLAPPs”)—suits brought solely to harass a party that has exercised protected speech or petitioning activity. Federal courts exercising diversity jurisdiction have struggled to determine whether these nominally procedural laws—particularly their hallmark special motions to dismiss—apply outside of state courts. A proper reading of the Federal Rules of Civil Procedure reveals that these laws may operate harmoniously alongside the federal system, and the twin aims articulated in the U.S. Supreme Court’s decision in Erie Railroad Co. v. Tompkins favor application of ...


Civil Asset Forfeiture In Massachusetts: A Flawed Incentive Structure And Its Impact On Indigent Property Owners, Andrew Crawford 2015 Boston College Law School

Civil Asset Forfeiture In Massachusetts: A Flawed Incentive Structure And Its Impact On Indigent Property Owners, Andrew Crawford

Boston College Journal of Law & Social Justice

All fifty states and the federal government have civil asset forfeiture laws that enable law enforcement agencies to seize property that they suspect has been involved in the commission of a crime. Although there are many benefits to the system, there are also many flaws. The entire structure of the civil asset forfeiture system, at both the federal and state levels, creates incentives for abuse by law enforcement. This Note advocates for a series of changes to the current forfeiture law in Massachusetts, including requiring a heightened burden of proof, providing counsel to indigent property owners, and reforming the incentive ...


Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly of the Commonwealth of Pennsylvania 2015 Pepperdine University

Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly Of The Commonwealth Of Pennsylvania

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Mere Speculation: Overextending Carcieri V. Salizar In Big Lagoon Rancheria V. California, Christian Vareika 2015 Boston College Law School

Mere Speculation: Overextending Carcieri V. Salizar In Big Lagoon Rancheria V. California, Christian Vareika

Boston College Law Review

On January 21, 2014, in Big Lagoon Rancheria v. California, a divided panel of the U.S. Court of Appeals for the Ninth Circuit reversed the order of the U.S. District Court for the Northern District of California directing the State of California to negotiate with the Big Lagoon Rancheria toward the development of a gaming facility on the tribe’s trust lands. The issues in Big Lagoon arose from a collateral attack, long after land had been taken into trust and administrative and legal avenues to challenge that decision had expired. This Comment argues that the Ninth Circuit ...


Return Fire: An En Banc Hearing In Wollschlaeger V. Governor Of Florida Is Necessary To Protect The First Amendment Rights Of Physicians, Erika Manderscheid 2015 Boston College Law School

Return Fire: An En Banc Hearing In Wollschlaeger V. Governor Of Florida Is Necessary To Protect The First Amendment Rights Of Physicians, Erika Manderscheid

Boston College Law Review

In 2014, in Wollschlaeger v. Governor of Florida, the U.S. Court of Appeals for the Eleventh Circuit held that a Florida ban on physician speech about firearm ownership was a valid regulation of professional conduct. The court reasoned that because the speech took place within the physician-patient relationship it should be treated as professional conduct that may be regulated by the state and not subject to First Amendment scrutiny. This Comment argues that the Eleventh Circuit mischaracterized the speech as conduct and that an en banc hearing should be granted to reverse this decision to avoid a negative impact ...


Sovereign Impunity: The Supreme Court Of Georgia’S False Textualism Expands The Doctrine Of Sovereign Immunity In The State, Laura R. Dove 2015 College of William & Mary Law School

Sovereign Impunity: The Supreme Court Of Georgia’S False Textualism Expands The Doctrine Of Sovereign Immunity In The State, Laura R. Dove

William & Mary Bill of Rights Journal

Until recently, sovereign immunity—the doctrine that protects state entities from suit without the State’s consent—had been held by the Supreme Court of Georgia not to apply to suits seeking solely injunctive relief to prevent the State, its departments, or agencies from acting illegally or outside the scope of their authority. This rule stemmed partly from the fact that a significant policy basis for sovereign immunity is the protection of taxpayer funds, but also was grounded on the principle that the State may not “cloak itself in the mantle of sovereign immunity” to prevent its citizens from holding ...


Blackburn Limited Partnership V. Paul: The Birth Of Maryland’S Statute Or Ordinance Rule And Its Ill-Defined “Targeted Class” Requirement, Monica Basche 2015 University of Maryland Francis King Carey School of Law

Blackburn Limited Partnership V. Paul: The Birth Of Maryland’S Statute Or Ordinance Rule And Its Ill-Defined “Targeted Class” Requirement, Monica Basche

Maryland Law Review

No abstract provided.


In Re 2012 Legislative Districting: Maryland High Court Decision Exemplifies Lackluster Federal Guidance On Redistricting, Matthew LaGarde 2015 University of Maryland Francis King Carey School of Law

In Re 2012 Legislative Districting: Maryland High Court Decision Exemplifies Lackluster Federal Guidance On Redistricting, Matthew Lagarde

Maryland Law Review

No abstract provided.


Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr. 2015 University of Georgia School of Law

Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr.

Popular Media

On Sunday, Apr. 19, 2015, an article in the daily newspaper in Athens announced that Athens-Clarke County Police have already received a shipment of 145 tasers and will soon begin using them on the citizenry of this county.

Although taser electroshock devices are technically classified as nonlethal weapons, this means only that their purpose is to avoid fatalities, not that they are incapable of resulting in fatalities. Use of a nonlethal weapon may and sometimes does result in death or serious injury. In recent years, at least 600 Americans, perhaps as many as 1,000, have died suddenly, unexpectedly, or ...


Beyond Transparency: Rethinking Election Reform From An Open Government Perspective, Michael Halberstam 2015 Seattle University School of Law

Beyond Transparency: Rethinking Election Reform From An Open Government Perspective, Michael Halberstam

Seattle University Law Review

During the past decade, “transparency” has become a focus of democratic governance. Open government and right-to-know regimes have been around at least since the 1970s. They include measures like open meeting laws, campaign finance disclosure, lobbying registration, and freedom of information laws. But the Open Government projects— variously referred to as e-democracy, Open Data, or Government 2.0— have evolved into something new and different. They view transparency not primarily as a right to know, but as a condition for a more efficient, intelligent, and cooperative form of democratic government. This Article considers how various election reform projects fit with ...


"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer 2015 Seattle University School of Law

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer

Seattle University Law Review

This Article focuses on the tension between the late-nineteenth century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the ...


Resolution About K-12 School Field Trip Liability, Catherine L. Rucker 2015 Golden Gate University School of Law

Resolution About K-12 School Field Trip Liability, Catherine L. Rucker

Catherine L Rucker

The California Education Code has conflicting sections about school liability for events that occur off-campus. For example, if a student is injured during a "field trip or excursion," then the parents cannot file "any claim." This means that the school would have absolute immunity and cannot be held liable for the student's injury.. In contrast, if a student is injured during a "school-sponsored event," then the school only has conditional immunity. This means that if a school employee acted negligently, then the school can be held liable for the student's injury. This resolution asks the California legislature to ...


The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman 2015 Touro College Jacob D. Fuchsberg Law Center

The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman

Touro Law Review

No abstract provided.


Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg 2015 Touro College Jacob D. Fuchsberg Law Center

Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg

Touro Law Review

No abstract provided.


New York's Statutory Bill Of Rights: A Constitutional Coelacanth, Robert Emery 2015 Touro College Jacob D. Fuchsberg Law Center

New York's Statutory Bill Of Rights: A Constitutional Coelacanth, Robert Emery

Touro Law Review

No abstract provided.


Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown JD, Ellen Bruce JD 2015 University of Massachusetts Boston

Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown Jd, Ellen Bruce Jd

Pension Action Center Publications

The Illinois Secure Choice Savings Program Act, passed on January 4, 2015, creates an automatic enrollment payroll deduction IRA. The purpose of the program is to promote increased retirement savings participation for employees in the private sector. This fact sheet answers some basic questions about how this new program will affect workers and their employers in Illinois.


What About Whitman?: The Supreme Court’S Decision In Epa V. Homer To Authorize Cost Consideration In Environmental Regulation Contradicts Its Own Precedent, Devon Applegate 2015 Boston College Law School

What About Whitman?: The Supreme Court’S Decision In Epa V. Homer To Authorize Cost Consideration In Environmental Regulation Contradicts Its Own Precedent, Devon Applegate

Boston College Environmental Affairs Law Review

In 2011, in response to the ongoing problem of interstate air pollution, EPA promulgated the Transport Rule to restrict emissions in upwind states in order to achieve attainment of certain national ambient air quality standards in downwind states. State and local governments and industry and labor groups, unhappy with EPA’s process of determining which states would be regulated under the Transport Rule, challenged the rule on the grounds that EPA had exceeded its authority under the Clean Air Act. In 2014, in EPA v. EME Homer City Generation, L.P., the Supreme Court of the United States held that ...


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