Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law Commons

Open Access. Powered by Scholars. Published by Universities.®

4,426 Full-Text Articles 3,492 Authors 697,141 Downloads 116 Institutions

All Articles in State and Local Government Law

Faceted Search

4,426 full-text articles. Page 1 of 75.

Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino 2016 Fordham Law School

Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino

Fordham Urban Law Journal

The use of free and open source software by municipal governments is the exception rather than the rule. This is due to a variety of factors, including a failure of many municipal procurement policies to take into account the benefits of free software, free software vendors second-to-market status, and a lack of established free and open source software vendors in niche markets. With feasible policy shifts to improve city operations, including building upon open standards and engaging with free software communities, municipalities may be able to better leverage free and open source software to realize fully the advantages that stem ...


A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr. 2016 New York University School of Law

A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr.

Faculty Scholarship

Few still believe that Puerto Rico is capable of meeting all of its financial obligations and continuing to provide basic services. The territory is already in default, and conditions are rapidly deteriorating. Is there a way forward? We think there is. In this short article, we outline a two-part plan for correcting Puerto Rico’s most urgent fiscal and financial problems.

The first step is to create an independent financial control board that has authority over Puerto Rico’s budgets and related issues. Notwithstanding concerns that an externally imposed financial control board (FCB) may interfere with the decision making processes ...


Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy O'Neill 2016 John Marshall Law School

Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Vindicating The Vaccine: Injecting Strength Into Mandatory School Vaccination Requirements To Safeguard The Public Health, James Lobo 2016 Boston College Law School

Vindicating The Vaccine: Injecting Strength Into Mandatory School Vaccination Requirements To Safeguard The Public Health, James Lobo

Boston College Law Review

An outbreak of measles in California in early 2015 triggered a nationwide discussion about childhood vaccination requirements and the growing “anti-vaccination” movement that has gained traction in certain parts of the country. Proponents of vaccination point to the real danger vaccine-preventable diseases pose and the need to bolster “herd immunity” through aggressive vaccination practices. Meanwhile, opponents decry vaccination predominantly for purported medical reasons, or otherwise object on religious or philosophical grounds. Courts in the United States, including the Supreme Court, have consistently upheld states’ rights to compel mandatory vaccination for schoolchildren to ensure the public health and prevent diseases like ...


Jurisdictional Haze: Indiana And Washington’S Unconstitutional Extensions Of The Postmortem Right Of Publicity, Robert Rossi 2016 Boston College Law School

Jurisdictional Haze: Indiana And Washington’S Unconstitutional Extensions Of The Postmortem Right Of Publicity, Robert Rossi

Boston College Law Review

Long after they die, cultural icons such as Elvis Presley, Marilyn Monroe, and Jimi Hendrix continue to earn millions of dollars annually. Despite the tremendous amount of money earned by marketing the images of certain late celebrities, the laws conferring and governing the postmortem right of publicity are varied and often unpredictable. In most states, the right to profit from the image of a deceased person depends entirely upon the law of the jurisdiction in which the deceased was domiciled at the time of death. Certain state legislatures, however, have passed statutes conferring this right on persons domiciled outside of ...


Journey Out Of Neverland: Cori Reform, Commonwealth V. Peter Pon, And Massachusetts’S Emergence As A National Exemplar For Criminal Record Sealing, Chris Skall 2016 Boston College Law School

Journey Out Of Neverland: Cori Reform, Commonwealth V. Peter Pon, And Massachusetts’S Emergence As A National Exemplar For Criminal Record Sealing, Chris Skall

Boston College Law Review

Even after a criminal case is disposed of and a period of incarceration or probation is completed, individuals who have become involved in the criminal justice system often face a myriad of collateral consequences based on their criminal records. In order to promote reintegration and combat recidivism, many states have taken legislative actions to ease the burden associated with having a criminal record. In recent years, these efforts have led several states to reform or enact statutes for criminal record sealing or expungement, a controversial, yet highly efficacious tool to provide greater employment and housing opportunities for ex-offenders. In 2010 ...


Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo 2016 Notre Dame Law School

Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo

Journal of Legislation

This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.


A New Frontier In Campaign Finance Regulation, John M. Greabe 2016 Franklin Pierce Law Center

A New Frontier In Campaign Finance Regulation, John M. Greabe

Legal Scholarship

In recent years, the United States Supreme Court has taken what many regard as a doctrinaire approach to campaign finance regulation. It has seized on the indisputable proposition that limits on campaign expenditures and contributions implicate important First Amendment values and, pressing the proposition to logical extremes, invalidated a number of federal and state laws that had imposed such limits.

This newspaper editorial discusses recently proposed legislation in the state of New Hampshire that would collect fees on expenditures made by individual political candidates, PACs, and Super PACS. The collected fees would be used to help the state justice department ...


What's Going On In Our Prisons?, Michael B. Mushlin 2016 Pace Law School

What's Going On In Our Prisons?, Michael B. Mushlin

Pace Law Faculty Publications

Additional governmental oversight is urgently needed to truly change the culture of a system that holds 53,000 inmates across 54 prisons in New York State. What goes on inside these prisons is largely hidden from view, and there is little accountability for wrongdoing. The State Legislature should follow the A.B.A.’s guidance and establish a monitoring body with unfettered access to prison facilities, staff, inmates and records in announced or unannounced visits.


Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill 2016 John Marshall Law School

Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill

Timothy P. O'Neill

Chicago Daily Law Bulletin


Charitable Choices: The Need For A Uniform Nonprofit Limited Liability Company Act (Unllca), Kenya J. H. Smith 2016 Arizona Summit Law School

Charitable Choices: The Need For A Uniform Nonprofit Limited Liability Company Act (Unllca), Kenya J. H. Smith

University of Michigan Journal of Law Reform

Uniform laws serve an important role in our society, balancing state autonomy and the need to provide consistent solutions to common problems among the states. The Uniform Law Commission (ULC) is the preeminent authority that promulgates uniform laws. To date, the ULC has promulgated over 150 uniform and model acts. ULC tackles a wide array of issues, including child custody and protection, probate, electronic records, and commercial law. The ULC aims to “provide[ ] states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.”


The Uneven Development Of Criminal Law: Human Geography, Policing, And Criminal Law Formation On The Urban Scale, Brendan Conner 2015 Streetwise and Safe

The Uneven Development Of Criminal Law: Human Geography, Policing, And Criminal Law Formation On The Urban Scale, Brendan Conner

Brendan M. Conner

This Article advances a critical legal framework for understanding the influence of human geography on the causes of inequality within different scales of space on criminal law formation. Put another way, the Article proposes a theory of uneven development in criminal law to explain both the causes of unequal allocations of law enforcement capital within scales of space, but also the affirmative alteration of the criminal law using land-use and zoning principles. Part I provides an overview of concepts in human geography and legal philosophy, including legal positivism, pluralism, and distributive justice. Part II describes historical antecedents such as banishment ...


Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald Kochan 2015 Chapman University School of Law

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald Kochan

Donald J. Kochan

The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.

This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. Nonetheless, we must grapple ...


The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown 2015 Selected Works

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown

David C. Brown

12 pages.


Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin 2015 Pace University School of Law

Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin

Pace Law Faculty Publications

I am testifying today on behalf of both myself and my co-chair Michele Deitch, who has submitted written testimony for your consideration. My comments here reflect both the key points in her testimony as well as some of my own thoughts about the importance of external oversight and comments about the critical role played by the Correctional Association of New York, the failure of the State Commission on Correction to provide meaningful regulation of New York’s prisons, and the need to improve access by the media to the public and to the state’s prisons.


Fear And Loathing In Colorado: Invoking The Supreme Court’S State-Controversy Jurisdiction To Challenge The Marijuana-Legalization Experiment, Chad DeVeaux, Anne Mostad-Jensen 2015 Concordia University School of Law

Fear And Loathing In Colorado: Invoking The Supreme Court’S State-Controversy Jurisdiction To Challenge The Marijuana-Legalization Experiment, Chad Deveaux, Anne Mostad-Jensen

Boston College Law Review

This Article asserts that states may invoke the Supreme Court’s original jurisdiction to challenge marijuana legalization in Colorado. The State’s introduction of marijuana into interstate commerce has reawakened a long-dormant body of constitutional law dealing with transboundary nuisance disputes between states. In making this argument, we distinguish our theory from the complaint lodged by Nebraska and Oklahoma with the Supreme Court. Nebraska and Oklahoma seek to enforce the Supremacy Clause of the U.S. Constitution, contending that Colorado’s venture violates the federal Controlled Substances Act. In contrast, we assert that the Court should award damages to a ...


The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith 2015 University of Michigan Law School

The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith

Michigan Journal of Environmental & Administrative Law

In 2014, with the signing of Senate Bill 310 (S.B. 310), Ohio became the first state to put a temporary “freeze” on its renewable portfolio standard (RPS) and energy efficiency mandates. The law has generated nationwide attention and been criticized as a step back in the state’s clean energy policy. This Note examines the central justifications for the passage of S.B. 310, challenging conventional wisdom that the law does not serve the interests of Ohio citizens. After the passage of Ohio’s RPS in 2008, the economic and energy landscape within the state changed dramatically, due in ...


Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington 2015 University of Maryland Francis King Carey School of Law

Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington

Maryland Law Review

No abstract provided.


One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry Perritt 2015 Chicago-Kent College of Law

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry Perritt

Henry H. Perritt, Jr.

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.
Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground ...


Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela DiBiasi 2015 Pace University

Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi

Pace Law Review

The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.


Digital Commons powered by bepress