23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, 2021 Roger Williams University
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Case Note: Avangrid Networks, Inc. V. Secretary Of State, 2021 University of Maine School of Law
Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan
Maine Law Review
Citizen initiatives and referendums are important tools for participatory democracy. Because initiatives often concern contentious public policy matters, opponents of pending initiatives have at times turned to the courts to prevent particular initiatives from appearing on upcoming ballots. Courts typically will adjudicate such pre-election challenges when plaintiffs assert the proscribed procedural requirements for voting on an initiative have not been met or when plaintiffs allege an initiative’s subject-matter is outside the constitutionally delineated scope of permissible initiative content. However, because of the ripeness justiciability doctrine that requires a concrete, certain, and immediate legal problem, courts generally will not adjudicate pre-election …
A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, 2021 University of Arkansas, Fayetteville
A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley
Journal of Food Law & Policy
The recent rise of consumer consciousness regarding the health qualities of foods and beverages has become something akin to common knowledge. Reflecting this rise, studies reveal that labels regarding the health qualities of a food are more likely to increase sales. And among the health labels consumers prefer, labels describing the product as natural top the list. One website reports that according to a recent study, 31.3-percent of respondents thought that "100% natural" was the best description to read on a label, compared with only 14.2-percent who thought that "100% organic" was the best description. "All natural ingredients" was the …
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, 2021 University of New Hampshire, Concord
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe
Journal of Food Law & Policy
Why is the relationship between our food system and federalism important to American law and health? It is important simply because federal law controls the American food system. This essay considers how federal law came to structure our food system, and suggests that though food is an essential part of our national economy, the dominating role of the federal government alienates citizens from their food system. It does so by characterizing food as a primarily economic issue, rather than one that has ethical, health, and cultural components. However, state and local governments have much to offer in terms of broadening …
Current And Emerging Issues In The New Urban Agriculture: A Case Study, 2021 University of Arkansas, Fayetteville
Current And Emerging Issues In The New Urban Agriculture: A Case Study, Kathryn A. Peters
Journal of Food Law & Policy
Urban agriculture takes many forms, including individual gardens on privately owned land, neighborhood gardens, community gardens, and gardens located on church and school grounds, housing developments, and other publicly owned property. The most essential factors for successful urban agriculture efforts include land acquisition, zoning ordinances, access to affordable water, infrastructure, and support services such as education and outreach. Cities across the United States have formed task forces with the mission of making their cities more sustainable or strengthening the local food supply system; urban agriculture is instrumental in both of these missions. Major cities across the United States are recognizing …
Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, 2021 University of Georgia, Athens
Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner
Journal of Food Law & Policy
Under their police power, governments regulate nuisances and take actions in emergency situations. For protecting humans, animals, and plants from diseases and other pests (jointly referred to as diseases), governments order inoculations, quarantine items and people, and seize and destroy property.' With respect to plants and animals, the United States Secretary of Agriculture is authorized to prohibit the importation and movement of items than may be infested. The Secretary also has the authority to hold, treat, and destroy items to prevent the dissemination of plant and animal pests. State governments take additional actions to
Should The Dead Bind The Living? Perhaps Ask The People: An Examination Of The Debates Over Constitutional Convention Referendums In State Constitutional Conventions, 2021 The University of Akron
Should The Dead Bind The Living? Perhaps Ask The People: An Examination Of The Debates Over Constitutional Convention Referendums In State Constitutional Conventions, John J. Liolos
Akron Law Review
Should the United States of America have a constitutional convention? Thomas Jefferson would maintain that one is long overdue; James Madison would argue the contrary. These two luminaries of American constitutional thought took sides in a stirring debate on a fundamental question in constitutionalism: should the dead bind the living? Jefferson advocated for recurrent recourse to the people by holding constitutional conventions in each generation. James Madison disagreed, arguing that stability and constitutional veneration, among other factors, were paramount. Most recall Madison as having won the debate. But at least 18 states throughout American history have adopted a Jeffersonian model …
Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, 2021 University of Arkansas, Fayetteville
Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, Victoria H. Jones
Journal of Food Law & Policy
Due to Congress' recent agenda, oenophiles throughout the country are up in arms about the possible threat to their beloved wine. Wine lovers and other alcohol enthusiasts face the very real fear that access to their favorite products may soon be heavily restricted. This is in large part attributed to the fact that House Resolution 1161 would effectively change the ways in which states regulate alcohol shipment. The possible implications of this bill range from the forced shutdown of many wineries and distilleries due to lack of funding, to the smaller effects of regulation such as the inability of customers …
Public Utilities Commission, 2021 University of San Diego
Public Utilities Commission, Madison Orcutt, Rachel Rockwell, Tristan Stidham, R. C. Fellmeth, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Masthead, 2021 University of San Diego
Key, 2021 University of San Diego
Enforcing Outbound Forum Selection Clauses In State Court, 2021 University of North Carolina School of Law
Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson
Indiana Law Journal
Forum selection clauses are a staple of modern business law. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice at the state level. Are there any states that refuse to enforce them? How frequently are they enforced? Under what circumstances, if any, will these clauses be deemed unenforceable? The existing literature provides few answers to these questions.
This Article aims to fill that gap. …
Rules Of The Road: The Struggle For Safety And The Unmet Promise Of Federalism, 2021 Cornell University
Rules Of The Road: The Struggle For Safety And The Unmet Promise Of Federalism, Sara C. Bronin
Cornell Law Faculty Publications
American streets have become increasingly dangerous. 2020 saw the highest year-over-year increase in roadway death rates in 96 years, and the last year for which we have data on non-drivers, 2018, was the was the deadliest year for pedestrians and cyclists in three decades. Though this resurgence of road violence has many complex causes, what makes American roads uniquely deadly are laws that lock in two interrelated design problems: unfriendly streets and unsafe vehicles.
Design standards articulate how streets and vehicles look and function. As they have been enshrined in law, they favor drivers and their passengers over any other …
Reclaiming The Streets, 2021 Texas A&M University School of Law
Reclaiming The Streets, Vanessa Casado-Pérez
Faculty Scholarship
Pedestrians have been getting the short end of the stick in street policies and regulations. Drivers and cars dominate our streets even though automobiles’ externalities kill thousands of people every year. Given the environmental, health, safety, and community effects of cars, municipalities should embrace a policy that puts pedestrians at the center and produces more miles of wider, well-maintained sidewalks. Sidewalks make communities greener, healthier, safer, more socially connected, and even, wealthier. COVID-19 lockdowns have shown both the relevance of sidewalks, as well as the possibility of pedestrians regaining space currently allocated to cars by widening sidewalks.
This Essay identifies, …
The Abcs Of Racial Disparity, 2021 Southern Methodist University, Dedman School of Law
The Abcs Of Racial Disparity, Pamela R. Metzger, Kristin Meeks, Victoria Smiegocki, Kenitra Brown
Deason Criminal Justice Reform Center
Data show that Black and White people use marijuana at roughly equal rates. Yet in 2018, in six of Dallas County's biggest cities, Black people were vastly overrepresented in the enforcement of low-level drug crimes. With a look at enforcement trends before the election of District Attorney John Creuzot, this study launches a series of reports about how his reforms have impacted Dallas County.
Budding Change, 2021 Southern Methodist University, Dedman School of Law
Budding Change, Pamela R. Metzger, Victoria Smiegocki, Kristin Meeks
Deason Criminal Justice Reform Center
Budding Change explores what happened when Dallas County District Attorney John Creuzot (DA Creuzot) radically changed his office’s policies about the prosecution of first-time misdemeanor marijuana cases. The report concludes that DA Creuzot’s 2019 policies were associated with significant reductions in police enforcement of marijuana misdemeanor laws. As a result, marijuana screening caseloads within the District Attorney’s Office declined substantially. Budding Change shows that prosecutorial policies can have a profound impact on policing behaviors.
Guns In The Sky: Nevada's Firearm Laws, 1 October, And Next Steps, 2021 University of Nevada, Las Vegas -- William S. Boyd School of Law
Guns In The Sky: Nevada's Firearm Laws, 1 October, And Next Steps, Dylan Lawter, Anya Sanko
Nevada Law Journal Forum
With incidences of high-profile mass shootings as well as daily gun violence continuing to rise throughout the United States, Nevada residents cannot help but wonder what the state is doing to stop and to prevent future incidents. Nevada has historically had permissive gun laws, being part of the “Wild West,” but in modern days, particularly since the 1 October shooting, Nevada legislators have enacted more gun laws. Additionally, judges and justices in Nevada courts have had to interpret new and old gun laws in novel ways, due to living in the modern era where gun violence seems to be the …
Green Energy V. The Constitution: New York State’S Battle With Home Rule Provisions In The Age Of Environmentalism, 2021 Buffalo Law Review
Green Energy V. The Constitution: New York State’S Battle With Home Rule Provisions In The Age Of Environmentalism, Alexa L. Archambault
Buffalo Law Review
In the era of metal straws, reusable grocery bags, and glass water bottles, there is no doubt society is becoming more and more environmentally conscious. This ecological ethos has manifested itself inhuge policy shifts away from traditional fossil fuel energy and toward renewable energy, such as wind and solar power. Lawmakers throughoutthe world are making agreements and commitments aimed at decreasingreliance on fossil fuels. In the United States, New York State has taken a leading role in the quest toward renewable energy. With New York State’s ambitious climate goals, though, have come serious encroachments on powers traditionally held by local …
Executive Unilateralism And Individual Rights In A Federalist System, 2021 William & Mary Law School
Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower
William & Mary Bill of Rights Journal
Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all kinds …
Appeal No. 0990: Ll&B Headwater Ii. L.P. V.Division Of Oil & Gas Resources Management, 2021 Case Western Reserve University School of Law
Appeal No. 0990: Ll&B Headwater Ii. L.P. V.Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2020-275; Randall A. Unit (Eclipse Resources I, LP)