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

State and Local Government Law Commons

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

11,538 Full-Text Articles 7,401 Authors 1,709,026 Downloads 172 Institutions

All Articles in State and Local Government Law

Faceted Search

11,538 full-text articles. Page 1 of 172.

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre 2020 Seattle University School of Law

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging ...


The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Repaving Route 128: How New Legislation In Massachusetts Impacts The Noncompete Debate, Michael G. Feblowitz 2020 Boston College Law School

Repaving Route 128: How New Legislation In Massachusetts Impacts The Noncompete Debate, Michael G. Feblowitz

Boston College Law Review

On October 1, 2018, new law governing the use of employee noncompetition agreements went into effect in the Commonwealth of Massachusetts. The updated rules, a compromise between those seeking to increase worker mobility and those intent on preserving certain intellectual property protections, were the culmination of many years of legislative debate. Before the passage of the new measures, Massachusetts exemplified the type of state that tended to honor employee covenants not to compete. One scholar famously identified Massachusetts’s high enforcement of noncompetes as the primary cause of the Route 128 business district’s relative downfall compared to Silicon Valley ...


Federal Ignorance And The Battle For Supervised Injection Sites, Ben Longnecker 2020 University of Miami Law School

Federal Ignorance And The Battle For Supervised Injection Sites, Ben Longnecker

University of Miami Law Review

From 1999 to 2017, over 400,000 people have died from opioid overdoses. The federal government recognizes the opioid epidemic as a crisis, yet it has failed to slow the surge of overdose deaths. Some states are, therefore, looking at the implementation of supervised injection sites. There are over 100 supervised injection sites around the world in twelve different countries, and these sites have produced hopeful data on counteracting the opioid crisis’s negative societal effects. However, the federal government has seemingly ignored any empirical evidence and continues to threaten state-sponsored supervised injection sites with criminal prosecution. This Note argues ...


A Cure For Every Ill? Remedies For “Pathological” Arbitration Clauses, Harout J. Samra, Ramya Ramachanderan 2020 University of Miami Law School

A Cure For Every Ill? Remedies For “Pathological” Arbitration Clauses, Harout J. Samra, Ramya Ramachanderan

University of Miami Law Review

Defective arbitration and dispute resolution clauses—widely called “pathological clauses”—may undermine parties’ intent to seek recourse to arbitration rather than the courts. Questions concerning the existence and validity of arbitration clauses are subject to state contract law despite the wide sweep of the Federal Arbitration Act. This Article examines selected common “pathologies” and reviews recent court decisions, including from the Eleventh Circuit Court of Appeals and its constituent federal district courts, concerning the enforcement of such clauses.


Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas 2020 University of Miami Law School

Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas

University of Miami Law Review

The McCarran-Ferguson Act was enacted in 1945 to safeguard the rights of the states to regulate the business of insurance. It provides that acts of Congress not specifically related to the business of insurance are superseded by state laws that regulate the business of insurance. In 1970, the United States ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Congress enacted Chapter 2 of the Federal Arbitration Act to implement the New York Convention. The New York Convention requires courts to recognize and enforce both private agreements to arbitrate and arbitration awards made ...


Opportunity In Ohio: Rethinking Northeast Ohio's Opportunity Zones With Local Legislation, Patrick J. Lipaj 2020 Cleveland-Marshall College of Law

Opportunity In Ohio: Rethinking Northeast Ohio's Opportunity Zones With Local Legislation, Patrick J. Lipaj

Cleveland State Law Review

Welcome to Census Tract 1186.02! Here, in a small sliver of Cleveland’s Glenville neighborhood, tucked between Superior and Hough Avenues, you will uncover a lot. You will discover a rich history of the city’s ethnic and cultural roots. You will also find gang violence, underperforming schools, a median household income of $9,526, and a poverty rate of 66.5 percent. Something you will not find in 1186.02 is investment. Private or public, money is not flowing in to 1186.02 and it has not for a long time. The substantial toll of continuous underinvestment on ...


Wayfair Or No Fair: Revisiting Internet Sales Tax Nexus And Consequences In Texas, Jennifer Mendez Lopez 2020 St. Mary's University School of Law

Wayfair Or No Fair: Revisiting Internet Sales Tax Nexus And Consequences In Texas, Jennifer Mendez Lopez

St. Mary's Law Journal

Since 1967, the Supreme Court has revisited the issue of nexus requirements in interstate commerce to keep up with social and technological advancements. However, these restrictive requirements have deprived states of a substantial tax basis. As technology continues to develop exponentially, this presents the need for a new standard that overturns precedent case law. Specifically, the Internet has grown and now necessitates the consideration for and e-commerce taxation collection.

South Dakota v. Wayfair, Inc. correctly decided that states have the power to collect taxes from qualifying out-of-state businesses without the need for a physical presence. Wayfair is moving in the ...


Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair 2020 St. Mary's University School of Law

Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair

St. Mary's Law Journal

The Texas Department of Criminal Justice’s lack of air conditioning in offender housing areas is a violation of the Eighth Amendment and deprives offenders of humane living conditions. Unlike most Texans, offenders housed in the TDCJ are unable to adequately protect themselves from the higher, prolonged summer temperatures. Most Texas prisons do not provide air conditioning or other types of cooling systems in offender housing areas, so offenders are at the mercy of the elements with little protection against heat-related illnesses. Several jurisdictions, other than Texas, have recognized extreme temperatures in housing areas can lead to constitutional violations because ...


Civil Rights Ecosystems, Joanna C. Schwartz 2020 UCLA School of Law

Civil Rights Ecosystems, Joanna C. Schwartz

Michigan Law Review

The Philadelphia and Houston Police Departments are similarly sized, but over a recent two-year period, ten times more civil rights suits were filed against Philadelphia and its officers than were filed against Houston and its officers. Plaintiffs in cases brought against Philadelphia and its officers were awarded one hundred times more in settlements and judgments. What accounts for these differences? Although the frequency and severity of misconduct and injury may play some role, I contend that the volume and outcome of civil rights litigation against any given jurisdiction should be understood as a product of what I call its civil ...


A Lottery Ticket Is An Express Written Contract And The General Assembly Waived Their Own Instrumentality From Sovereign Immunity!, Forrest F. Schrum IV 2020 Mercer University School of Law

A Lottery Ticket Is An Express Written Contract And The General Assembly Waived Their Own Instrumentality From Sovereign Immunity!, Forrest F. Schrum Iv

Mercer Law Review

The creation of an express written contract occurs every day. These are contracts documented on an instrument where two parties agree to performing certain actions or preventing a party from performing, and they allow these parties to be liable to the other if one were to breach the contract. For an express written contract, the right to sue for breach of contract is so vital that when the General Assembly created the Georgia Constitution, a clause was added that precludes Georgia and all entities/instrumentalities within, to use sovereign immunity to avoid litigation. If Georgia or the entities/instrumentalities of ...


Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter 2020 Rhode Island Sea Grant Law Fellow

Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter 2020 Rhode Island Sea Grant Law Fellow

Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler 2020 Penn State Law

Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler

Pace Environmental Law Review

The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management ...


Schrödinger's Corporation: The Paradox Of Religious Sincerity In Heterogeneous Corporations, Catherine A. Hardee 2020 California Western School of Law

Schrödinger's Corporation: The Paradox Of Religious Sincerity In Heterogeneous Corporations, Catherine A. Hardee

Boston College Law Review

Consider a corporation where one group of shareholders holds sincere religious beliefs and another group of shareholders does not share those beliefs but, for a price, will allow the religious shareholders to request a religious exemption to a neutrally applicable law on behalf of the corporation. The corporation is potentially both religiously sincere and insincere at the same time. A claim by the corporation for a religious accommodation requires the court to solve the paradox created by this duality and to declare the corporation, as a whole, either sincere or insincere in its beliefs. Although the Supreme Court and scholars ...


Covid-19 And The Conundrum Of Mask Requirements, Robert Gatter, Seema Mohapatra 2020 Saint Louis University School of Law

Covid-19 And The Conundrum Of Mask Requirements, Robert Gatter, Seema Mohapatra

Washington and Lee Law Review Online

As states begin to loosen their COVID-19 restrictions, public debate is underway about what public health measures are appropriate. Many states have some form of mask-wearing orders to prevent the spread of COVID-19 infection. Public health guidance from the Centers for Disease Control and Prevention and the World Health Organization has conflicted. From a public health point of view, it is not clear what the right answer is. In the absence of directives, individuals are also making their own choices about mask use. At a time when public health measures, like shelter-in-place orders and social distancing, are being used to ...


Operative Subsidiarity And Municipal Authority: The Case Of Toronto’S Ward Boundary Review, Alexandra Flynn 2020 Peter A Allard School Law, University of British Columbia

Operative Subsidiarity And Municipal Authority: The Case Of Toronto’S Ward Boundary Review, Alexandra Flynn

Osgoode Hall Law Journal

In 2013, under threat of a resident petition and, at worst, an Ontario Municipal Board (OMB) order that would unilaterally impose new electoral districts, the City of Toronto embarked on its first ward boundary review (WBR) since the enactment of the City of Toronto Act, 2006 (COTA). The WBR highlighted the scattered application of subsidiarity within Canada’s federation. Under the notion of federalism enshrined in the Canadian Constitution, municipalities are granted only those powers that derive from provincial legislation. However, the Supreme Court of Canada has invoked the European principle of “subsidiarity” to reframe municipal authority over local issues ...


Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden 2020 Roger Williams University School of Law

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner 2020 Washington and Lee University School of Law

State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner

Scholarly Articles

State prosecutors around the country have played a crucial role in mass imprisonment. Little supervision and virtually unsurpassed decision making power have provided them with unrivaled influence over the size, growth, and composition of our criminal justice system. They decide which cases to prosecute, whether to divert a case, whether to offer a plea, and what sentence to recommend. Their impact does not stop at sentencing. They weigh in on alternative dockets, supervision violations, parole release, and even clemency requests. But they are also part of a larger system that constrains them. Funding, judicial limits on their power, and legislative ...


Remarks: "When They Go Low, We Go Local" Strategies For Pursuing Dc Democracy In The Age Of Trump, Jon S. Bouker Esq. 2020 University of the District of Columbia School of Law

Remarks: "When They Go Low, We Go Local" Strategies For Pursuing Dc Democracy In The Age Of Trump, Jon S. Bouker Esq.

University of the District of Columbia Law Review

Remarks of Jon S. Bouker, Esq., Chair, DC Appleseed Center for Law and Justice, at the University of the District of Columbia, David A. Clarke School of Law, Law Review Symposium, DC Democracy During the Time of Trump: 51 and 45.


Digital Commons powered by bepress