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11,374 full-text articles. Page 5 of 170.

New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino 2020 New York Law School

New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino

NYLS Law Review

No abstract provided.


Local Government Law, Russell A. Britt, Michael C. Pruett, Jennifer D. Herzog, Brittanie Browning, Jacob Stalvey O'Neal, Pearson Cunningham 2020 Mercer University School of Law

Local Government Law, Russell A. Britt, Michael C. Pruett, Jennifer D. Herzog, Brittanie Browning, Jacob Stalvey O'Neal, Pearson Cunningham

Mercer Law Review

Another banner year for local governments. A gubernatorial veto preserves, for now, the Georgia Supreme Court’s decision in Lathrop v. Deal that held sovereign immunity bars declaratory and injunctive relief claims against the state, including challenges to constitutionality under the state constitution. In the world of tax, some clarification on appraisal methodologies feature alongside cases notable for their unique procedural postures. A Georgia Supreme Court decision fleshes out what is required for a “meaningful” hearing to be afforded under zoning procedures law. Last year’s developments in the Open Meetings and Open Records Acts continue to bear fruit, and ...


Reform Prosecutors And Separation Of Powers, Logan Sawyer 2020 University of Oklahoma College of Law

Reform Prosecutors And Separation Of Powers, Logan Sawyer

Oklahoma Law Review

No abstract provided.


Principles Of Home Rule For The Twenty-First Century, Richard Briffault, Nestor M. Davidson, Paul A. Diller, Sarah Fox, Laurie Reynolds, Erin A. Scharff, Richard Schragger, Rick Su 2020 Columbia Law School

Principles Of Home Rule For The Twenty-First Century, Richard Briffault, Nestor M. Davidson, Paul A. Diller, Sarah Fox, Laurie Reynolds, Erin A. Scharff, Richard Schragger, Rick Su

Faculty Scholarship

The National League of Cities’ “Principles of Home Rule for the Twenty-First Century” updates the American Municipal Association’s 1953 “Model Constitutional Provisions for Municipal Home Rule.” The AMA approach was widely adopted, but those provisions are now over 65 years old and intervening social, demographic, economic, and political changes necessitates a new approach to the legal structure of state-local relations. The NLC’s approach is organized around four basic principles, which are cashed-out in a model constitutional home rule provision, with commentary. The first principle states that a state’s law of home rule should provide local governments the ...


The Democracy Principle In State Constitutions, Jessica Bulman-Pozen, Miriam Seifter 2020 Columbia Law School

The Democracy Principle In State Constitutions, Jessica Bulman-Pozen, Miriam Seifter

Faculty Scholarship

In recent years, antidemocratic behavior has rippled across the nation. Lame-duck state legislatures have stripped popularly elected governors of their powers; extreme partisan gerrymanders have warped representative institutions; state officials have nullified popularly adopted initiatives. The federal constitution offers few resources to address these problems, and ballot-box solutions cannot work when antidemocratic actions undermine elections themselves. Commentators increasingly decry the rule of the many by the few.

This Article argues that a vital response has been neglected. State constitutions embody a deep commitment to democracy. Unlike the federal constitution, they were drafted – and have been repeatedly rewritten and amended – to ...


Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno 2019 Brooklyn Law School

Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno

Brooklyn Journal of International Law

As incidences of overweight and obese populations continue to increase around the world, countries are looking for ways to decrease the prevalence of this epidemic. Soda and SSB taxes have increased in prevalence as countries seek to address the health problems associated with consumption of soda and other sugary beverages. This Note explores the implementation of these taxes in Mexico, Europe, and the United States. In analyzing these taxes, this Note seeks to gain a greater understanding of whether these taxes have impacted overweight and obesity rates in the countries and municipalities that have enacted them. This Note argues that ...


Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka 2019 Brooklyn Law School

Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka

Brooklyn Journal of International Law

The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that ...


“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block 2019 Brooklyn Law School

“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block

Brooklyn Journal of Corporate, Financial & Commercial Law

The Yellowstone injunction is an equitable remedy that tolls any applicable cure period and gives tenants a better opportunity to maintain their leasehold when they have defaulted under their lease. The remedy is available to commercial tenants in New York City and to commercial and residential tenants throughout the State. This Note examines the Yellowstone injunction in the context of New York City’s commercial tenants, who employ it most frequently and benefit most from its protections. This Note examines the development and application of the Yellowstone injunction and proposes changing the doctrine to exclude cases of monetary defaults and ...


Charges To Be Declined: Legal Challenges And Policy Debates Surrounding Non-Prosecution Initiatives In Massachusetts, John E. Foster 2019 Boston College Law School

Charges To Be Declined: Legal Challenges And Policy Debates Surrounding Non-Prosecution Initiatives In Massachusetts, John E. Foster

Boston College Law Review

The election of “progressive prosecutors” introduces new objectives and tools into the traditional “tough on crime” playbook of local prosecution. Newly-elected District Attorney Rachael Rollins of Suffolk County, Massachusetts has proposed one such tool: non-prosecution of certain criminal laws, chiefly non-violent misdemeanors. This Note explores the likelihood of success of legal challenges to categorical non-prosecution, primarily whether non-prosecution unconstitutionally violates the separation of powers. This Note considers whether non-prosecution implicates the rights of victims and notions of justice as a public or private domain. It also analyzes the merits of non-prosecution as a policy. Some critics challenge the ability of ...


Hb 316 - Voting System, Beth K. Boatright, Andrew Smith 2019 Georgia State University College of Law

Hb 316 - Voting System, Beth K. Boatright, Andrew Smith

Georgia State University Law Review

The Act authorizes and requires a new voting system be used in all elections, provides for auditing procedures, provides for updates to the voter list maintenance laws, and specifies additional revisions to election processes.


Sb 213 - Campaign Contributions Reporting, David R. Carducci, Minho R. Seo 2019 Georgia State University College of Law

Sb 213 - Campaign Contributions Reporting, David R. Carducci, Minho R. Seo

Georgia State University Law Review

The Act amends Georgia’s campaign contributions reporting requirements for public officials. Specifically, the Act amends the dates that campaign contributions must be filed by public officials during nonelection years from January 31, before the start of the legislative session, to June 30, after the end of the legislative session. The Act also amends an election year reporting date from March 31 to April 30. Furthermore, the Act requires that any person or independent committee that contributes to, accepts contributions for, or makes expenditures on behalf of candidates to file a December 31 campaign contribution disclosure report


Sb 18 - Direct Primary Care, Valentin H. Dubuis, Juliana Mesa 2019 Georgia State University College of Law

Sb 18 - Direct Primary Care, Valentin H. Dubuis, Juliana Mesa

Georgia State University Law Review

This legislation allows physicians to offer specified care for a specific time pursuant to a fixed fee. The physician cannot require more than one year’s payment upfront, and the agreement has to be terminable by either party with thirty days’ notice. Physicians do not have to provide care if the fee has not been paid or the patient has committed fraud, failed to adhere to treatment, or is in physical danger.


Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin 2019 Georgia State University College of Law

Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin

Georgia State University Law Review

The Act adds an unborn child with a detectable human heartbeat to the definition of a natural person and includes such unborn child in state population counts. The Act defines abortion, prescribes when abortions may be performed, provides exceptions to abortion performance limitations, establishes requirements for performing an abortion, and provides for a right of action, damages, and affirmative defenses. The Act permits alimony and child support payments starting when an unborn child has a detectable human heartbeat. Parents have the right to recover the full value of a child’s life when a detectable human heartbeat exists. The Act ...


Hb 324 - Low Thc Oil, Allyson M. Clawson, Kady D. Litwer 2019 Georgia State University College of Law

Hb 324 - Low Thc Oil, Allyson M. Clawson, Kady D. Litwer

Georgia State University Law Review

The Act allows for the production, manufacturing, and dispensing of low THC oil in the State of Georgia, in accordance with a licensing regime that will be regulated by a twelve-member board. Additionally, the Act provides for a tracking system of production, purchase, and patient registration information, as well as licensing provisions for the University System of Georgia and the State Board of Pharmacy.


Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo 2019 Georgia State University College of Law

Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo

Georgia State University Law Review

This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.


Hb 346 - Tenant Retaliation Protection, Joseph N. Guardino, Megan A. Kirk 2019 Georgia State University College of Law

Hb 346 - Tenant Retaliation Protection, Joseph N. Guardino, Megan A. Kirk

Georgia State University Law Review

The Act prohibits landlords from taking retaliatory action when tenants exercise their rights or express habitability concerns. The Act provides for several authorized tenant actions that notify and hold landlords responsible for fixable property defects. If the landlord attempts to deprive the tenant of the use or enjoyment of the premises because the tenant expressed habitability concerns, the Act finds a prima facie case of retaliation. The Act specifically protects landlord action when a tenant damages property or is delinquent in rent. The Act provides for civil penalties against landlords who have retaliated under the statute.


Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo 2019 Georgetown University Law Center

Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo

Georgetown Law Faculty Publications and Other Works

The climate is rapidly changing, bringing more frequent and extreme floods, droughts, and heatwaves, along with stronger hurricanes and more intense wildfires. Each year brings new record-breaking weather extremes; in the first six months of 2019, for example, a record number of U.S. counties flooded. July 2019 was the hottest month ever recorded for the world as a whole (1). Climate change is also melting glaciers, reducing the amount of sea ice, and raising sea levels, bringing devastation to coastal areas. From Louisiana to Alaska, many coastal communities are forced to make difficult decisions about whether to relocate to ...


Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley 2019 Cleveland-Marshall College of Law

Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley

Cleveland State Law Review

Regardless of the numerous differences between juveniles and adults, some states, including the State of Ohio, continue to impose upon juvenile homicide offenders one of the harshest forms of punishment: life without parole. In 2016, the United States Supreme Court decided Montgomery v. Louisiana, and in doing so, the Court reiterated its previous contention that a sentence of juvenile life without parole should only be imposed upon juvenile homicide offenders whose crimes reflect "irreparable corruption." The Supreme Court of Ohio has yet to apply the Court’s Montgomery decision, but this Note suggests that if it does, the court should ...


A Call To Clarify The "Scope Of Authority" Question Of Qualified Immunity, Pat Fackrell 2019 U.S. District Court, Southern District of Texas

A Call To Clarify The "Scope Of Authority" Question Of Qualified Immunity, Pat Fackrell

Cleveland State Law Review

It is no secret the doctrine of qualified immunity is under immense scrutiny. Distinguished jurists and scholars at all levels have criticized the doctrine of qualified immunity, some calling for it to be reconsidered or overruled entirely.

Amidst this scrutiny lies uncertainty in the doctrine’s application. Specifically, the federal courts of appeal are split three ways on the question of whether an official exceeding the official’s scope of authority under state law at the time of the alleged constitutional violation can successfully assert qualified immunity. Some courts of appeal do not require the official to demonstrate he acted ...


'It Wasn't Supposed To Be Easy': What The Founders Originally Intended For The Senate's 'Advice And Consent' Role For Supreme Court Confirmation Processes, Michael W. Wilt 2019 Cedarville University

'It Wasn't Supposed To Be Easy': What The Founders Originally Intended For The Senate's 'Advice And Consent' Role For Supreme Court Confirmation Processes, Michael W. Wilt

Channels: Where Disciplines Meet

The Founders exerted significant energy and passion in formulating the Appointments Clause, which greatly impacts the role of the Senate and the President in appointing Supreme Court Justices. The Founders, through their understanding of human nature, devised the power to be both a check by the U.S. Senate on the President's nomination, and a concurrent power through joint appointment authority. The Founders initially adopted the Senate election mode via state legislatures as a means of insulation from majoritarian passions of the people too. This paper seeks to understand the Founders envisioning for the Senate's 'Advice and Consent ...


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