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Articles 601 - 630 of 1294
Full-Text Articles in Entire DC Network
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ordinances Targeting The Homeless: Constitutional Or Cost-Effective?, Ellen M. Marks
Ordinances Targeting The Homeless: Constitutional Or Cost-Effective?, Ellen M. Marks
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Pepperdine Law Review
Until recently, California provided a relatively high level of constitutional protection to criminal defendants. With the passage of Proposition 8 in 1982, the California voters expressed their desire to decrease this level of protection in order to remove impediments to the effective prosecution of criminally accuseds. This comment will examine two of the major provisions of Proposition 8 and their effect on California law in light of major cases decided by the California Supreme Court in 1985.
Enhancing Communication Between Scientists, Government Officials, And The Lay Public: Advancing Science And Protecting The Public's Welfare Through Better Multi-Stakeholder Interfacing, Clark J. Lee, Patrick P. Rose, Earl Stoddard Iii
Enhancing Communication Between Scientists, Government Officials, And The Lay Public: Advancing Science And Protecting The Public's Welfare Through Better Multi-Stakeholder Interfacing, Clark J. Lee, Patrick P. Rose, Earl Stoddard Iii
Homeland Security Publications
No abstract provided.
Chapter 533: Bipartisan Efforts To Limit California State Park Closures, David Vidal
Chapter 533: Bipartisan Efforts To Limit California State Park Closures, David Vidal
McGeorge Law Review
No abstract provided.
Innocent Until Presumed Guilty: Florida’S Mistreatment Of Mens Rea And The Presumption Of Innocence In Drug Possession Cases, 46 J. Marshall L. Rev. 1157 (2013), Sean Mullins
UIC Law Review
No abstract provided.
Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper
UIC Law Review
No abstract provided.
Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013), Sean Hecht
UIC Law Review
No abstract provided.
A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe
A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Faculty Scholarship
No abstract provided.
The Public Pension Crisis , Jack M. Beermann
The Public Pension Crisis , Jack M. Beermann
Washington and Lee Law Review
Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not-toodistant future. This Article takes a look at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes are concerned, this Article examines the political environment within which public pension promises are made and funded, as an attempt to understand how this occurred. The Article then turns to ask if states could implement meaningful reforms without violating either state or federal law. In …
Joint Reform?: The Interplay Of State, Federal, And Hemispheric Regulation Of Recreational Marijuana And The Failed War On Drugs, Steven W. Bender
Joint Reform?: The Interplay Of State, Federal, And Hemispheric Regulation Of Recreational Marijuana And The Failed War On Drugs, Steven W. Bender
Faculty Articles
In 2012, Washington and Colorado voters surprised the nation by authorizing the recreational use of marijuana. The outcome sent state regulators scrambling to implement the directive and supply a product source, while the federal government faced its own dilemma of whether to tolerate or squelch these state initiatives contradicting longstanding federal law. Surely the Mexican drug cartels (and other illicit growers and suppliers from Canada and within the United States) weighed the prospect for wider reform and its consequences for their multi-billion dollar industry. Although few of these uncertainties have been resolved with any clarity at the time of this …
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions: A Constitutional Crisis Looms., Patrick S. Metze
St. Mary's Law Journal
The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …
The Promise And Peril Of Cities And Immigration Policy, Rick Su
The Promise And Peril Of Cities And Immigration Policy, Rick Su
Journal Articles
No abstract provided.
Site-Specific Laws, John Copeland Nagle
Site-Specific Laws, John Copeland Nagle
Journal Articles
Congress often enacts statutes that only apply to a specific place. This essay identifies the instances in which site-specific legislation is appropriate. It recounts the uses of such legislation, the theoretical debate surrounding it, and the circumstances in which it is desirable. Site-specific legislation plays an important role in enabling Congress to prescribe its preferred policy even when agreement on broader legislation. My suggestion, therefore, is that general legislation should remain the default for congressional action, but site-specific legislation is appropriate when (a) there are convincing reasons for adopting special rules for a particular place, (b) there is no agreement …
A Research Agenda For Uncooperative Federalists, Ernest A. Young
A Research Agenda For Uncooperative Federalists, Ernest A. Young
Faculty Scholarship
No abstract provided.
The Mobility Case For Regionalism, Nestor M. Davidson, Sheila R. Foster
The Mobility Case For Regionalism, Nestor M. Davidson, Sheila R. Foster
Faculty Scholarship
In the discourse of local government law, the idea that a mobile populace can “vote with its feet” has long served as a justification for devolution and decentralization. Tracing to Charles Tiebout’s seminal work in public finance, the legal-structural prescription that follows is that a diversity of independent and empowered local governments can best satisfy the varied preferences of residents metaphorically shopping for bundles of public services, regulatory environment, and tax burden. This localist paradigm generally presumes that fragmented governments are competing for residents within a given metropolitan area. Contemporary patterns of mobility, however, call into question this foundational assumption. …
State Wars - The Empire Strikes Back: The Federal/State Constitutional Power Confrontation, Steven Ferrey
State Wars - The Empire Strikes Back: The Federal/State Constitutional Power Confrontation, Steven Ferrey
Suffolk University Law School Faculty Works
A significant pending case will carve the contours of United States constitutional governance for the nation regarding our most important technology and its implementation and "will probably be determined by the U.S. Supreme Court.... 'These are the kind of issues that the Supreme Court likes. It's a federal preemption case; it's a landmark case.' " The attorney general concurs that he would "be surprised" if the case if not destined for the Supreme Court. This matter defines Constitutional federalism and the application of two important clauses of the United States Constitution: - The Constitution's Supremacy Clause, with specific application of …
Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell
St. Mary's Law Journal
Abstract Forthcoming.
Taking A Toll On The Equities: Governing The Effect Of The Plra's Exhaustion Requirement On State Statutes Of Limitations, Keri E. Mccrary
Taking A Toll On The Equities: Governing The Effect Of The Plra's Exhaustion Requirement On State Statutes Of Limitations, Keri E. Mccrary
Georgia Law Review
If prisoners are required by federal law to exhaust
institutional remedies before they may file suit in federal
court, should a prisoner with a legitimate claim suffer
dismissal by the federal court if the statute of limitations
lapses during the time the prisoner spends exhausting
administrative remedies? The Prisoner Litigation Reform
Act (PLRA) of 1996 offers no guidance. Federal courts
may choose to apply equitable tolling to a prisoner's claim
should this predicament arise, saving it from dismissal
based on tardiness, but nothing requires the court to do so.
The PLRA's enigmatic exhaustion requirement has
engendered much litigation, and the …
Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo
Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo
Faculty Scholarship
No abstract provided.
Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson
Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson
William & Mary Bill of Rights Journal
No abstract provided.
Local Government Law, Kirk Fjelstul, James E. Elliott Jr.
Local Government Law, Kirk Fjelstul, James E. Elliott Jr.
Mercer Law Review
This was another active year of litigation by, for, against, within, and between local governments. The Article that follows includes appellate decisions with unique, new, or instructive issues.
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Pepperdine Law Review
No abstract provided.
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler
Michigan Law Review
Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in prominence …
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian
Pepperdine Law Review
No abstract provided.
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Journal of Business, Entrepreneurship & the Law
This article will explore the oft-overlooked area of police powers granted to local municipalities by the California Constitution through the lens of marijuana dispensaries. These dispensaries, and the obstacles they face, provide the perfect vantage point from which to survey the current status of zoning power in California. This article will consider the extent and limits of what is known as the “police powers” of local municipalities: the power of cities, towns and counties to regulate, restrict, and proscribe the way in which land can be utilized within its borders. If local municipalities are the creation of the state--indeed, an …
Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, Thomas L. Chittum, Iii
Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, Thomas L. Chittum, Iii
Nevada Law Journal
No abstract provided.