Digital Commons Network^™

Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane

All Faculty Scholarship

Public-Private Partnerships are viewed quite positively. In the context of working with local government for economic development, the interests and concerns of the private appear to dominate the development decision-making. This Essay explores eminent domain decisions and community benefits agreements for standards for measuring the efficacy of these partnerships. It suggests ways in which we can begin to think about public accountability and public benefits to be derived from these partnerships.

Evidence-Based Practices And State Sentencing Policy: Ten Policy Initiatives To Reduce Recidivism, Roger K. Warren

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

Nebraska Probation Revocation: A Primer (2007 Revision), Alan G. Gless

State of Nebraska Judicial Branch

The law of probation revocation developed rapidly over the eighteen years preceding this article’s 1989 appearance. While its development has slowed substantially since then, it continues to evolve. The overall field of Nebraska probation revocation remains essentially unchanged from the way it was in 1989 when this article first appeared. The case law has neither burgeoned dramatically nor altered the scenery in major ways, although, it has added a few refinements. But important procedural and substantive wrinkles have appeared through 2003 statutory amendments to the steps probation officers must take in responding to probationers’ violations of the conditions of their …

Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser

Publications

The suboptimal state of communications technology used by public safety agencies has emerged as a high profile political issue. In most cases, public safety agencies are able only to communicate using antiquated networks, engineered solely for providing voice communications and unable to interoperate beyond a select number of users. This type of system fails to provide the type of economies of scale, network flexibility, or the broader functionalities routinely used by the military and private sector enterprises. The challenge facing policymakers is thus how to develop a next generation architecture for public safety and spur adoption of a new set …

A Necessary And Proper Role For Federal Courts In Prison Reform: The Benjamin V. Malcolm Consentdecrees, Harold Baer Jr., Arminda Bepko

NYLS Law Review

No abstract provided.

Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson

Faculty Scholarship

Contemporary debates about federalism and localism often proceed with, at best, a glancing reference to each other.' Commentators portray parallel, largely disconnected worlds in which the federal government relates only to the states, and the states, in turn, hermetically encompass local governments. In practice, however, numerous federal regulatory, spending, and enforcement policies actively rely on the participation of local governments independent from the states. Indeed, direct relations between the federal government and local governments-what this Article calls "cooperative localism"-play a significant role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, …

Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson

Seattle University Law Review

Why would a relatively mundane dispute over what amounts to a few cubic yards of concrete warrant the extensive discussion encom passed in this Note? This dispute gives rise to a fundamental question about power: What is the scope of municipal power under one of Washington's most important environmental protection laws? Additionally, questions arise about competing normative values within environmental protection, property rights, and responsible land use and development. Placed against a backdrop of growing contentiousness surrounding these issues in Washington politics, the relevance and timeliness of these questions cannot be doubted.

Bargain Basement Annexation: How Municipalities Subvert The Intent Of North Carolina Annexation Laws, Elizabeth R. Connolly

North Carolina Central Law Review

No abstract provided.

Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella

West Virginia Law Review

No abstract provided.

Sexually Violent Predator Legislation And The Sexual Psychopath Act: Will New York "Police" Their Sexual Predators Via Civil Commitment?, Stephanie M. Adduci, M.A.

Journal of Race, Gender, and Ethnicity

No abstract provided.

Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.

Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.

Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at …

Privacy And Access To Public Records In The Information Age, Sol Bermann

ExpressO

Online public record access brings a wealth of benefits ranging from greater government access and accountability to increased cost-savings and efficiencies. However, due to the presence of highly sensitive, personal data, an increase in public records access also brings potential dangers, including heightened risk of identity theft and frivolous snooping into the affairs of others.

Historically, public records have had some measure of public accessibility in order to empower citizens with the ability to observe the goings-on of government, leading to greater government accountability. Until the rise of the internet, citizens have had their privacy protected through practical obscurity (the …

The Day Laborer Debate: Small Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins

ExpressO

Herndon, Virginia is the latest example of small town immigration issues exploding into the national debate on illegal immigration. This four-square mile town, population 22,000, was propelled into the national spotlight after a dramatic public reaction to Mayor Michael O’Reilly’s proposal to construct a hiring site for day laborers. Three months before the center even opened its doors, Herndon and Fairfax County faced a law suit challenging the legality of funding a day labor center that would inevitably extend its services to undocumented immigrants.

Small towns, adjusting to significant increases in the immigrant worker population, have become a new battlefield …

The Prospect Of Enacting An Unborn Victims Of Violence Act In North Carolina, Jennifer A. Brobst

North Carolina Central Law Review

No abstract provided.

Banishing Acts: How Far May States Go To Keep Convicted Sex Offenders Away From Children?, Bret R. Hobson

Georgia Law Review

Few legislative goals are more commendable than states' attempts to prevent child sexual abuse. Given the difficult nature of this problem, some judicial deference to legislative efforts is appropriate. Politicians, however, should not receive carte blanche to enact reactionary, overinclusive statutes of questionable efficacy. When laws such as residency restrictions target all convicted sex offenders who have already paid their debt to society, courts should closely examine whether such laws violate substantive due process and the Ex Post Facto Clause. Despite the difficulty in articulating a discrete fundamental right that is infringed by residency restrictions,these laws restrain the liberty of …

Adjudicated On The Merits?: Why The Aedpa Requires State Courts To Exhibit Their Reasoning, 39 J. Marshall L. Rev. 995 (2006), Ezra Spilke

UIC Law Review

No abstract provided.

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis

Richmond Public Interest Law Review

Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.

Begging Underground? The Constitutionality Of Regulations Banning Panhandling In The New York City Subway System, Jordana Schreiber

Cardozo Law Review

No abstract provided.

A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser

Publications

This article captures the effort of the Digital Age Communications Act (DACA) to craft a new framework for the federal-state relationship in implementing a next generation telecommunications regulatory regime. In particular, it sets forth a DACA model that would implement a "rule of law" regulatory paradigm for an era of technological dynamism. This era requires, as the article explains, a coherent federal framework that circumscribes the role of state and local authorities so as to advance sound competition policy goals. The sole exception to this policy is the recognition that a basic local service rate retains both political and practical …

Losing Control: Regulating Situational Crime Prevention In Mass Private Property, Robert E. Pfeffer

Oklahoma Law Review

No abstract provided.

Imposing Geographical “Locateability” For Voice Over Internet Protocol, Andrea W.M. Louie

NYLS Law Review

No abstract provided.

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis

Richmond Journal of Law and the Public Interest

Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.

Chicken Little Revisited: Nafta Regulatory Expropriations After Methanex, Jessica C. Lawrence

Georgia Law Review

In August, 2005, a NAFTA dispute-resolution panel handed down its decision in Methanex Corp. v. United States, holding that, inter alia, California's regulatory ban on the gasoline additive MTBE was not a regulatory expropriation under NAFTA's Article 1110. Many of NAFTA's supporters reacted jubilantly to the decision, claiming that it proved--contrary to the "doomsday predictions" of anti-NAFTA "Chicken Littles"--that the agreement's investment chapter does not interfere with states' ability to enact regulations designed to protect the public interest. Such elation, however, is premature. This Note explains how, far from having "consigned to the garbage heap" the idea that the regulatory …

Beyond City And Suburb: Thinking Regionally, Richard Briffault

Faculty Scholarship

“City” and “suburb” as they were known and debated in the twentieth century are no more. Increasingly, the key urban unit in metropolitan America is the region. Robert Bruegmann’s Sprawl: A Compact History, a chronicle of the melding of city and suburban land use patterns, illustrates this development. Joel Kotkin’s The City: A Global History, which expresses concern about the loss of traditional urban distinctiveness, also reflects this. In her review of both books, Nicole Stelle Garnett appropriately raises issues of interlocal competition and equity, and the quality of urban life in metropolitan America, but she errs in framing them …

Enforcing State Law In Congress's Shadow, Robert A. Mikos

Vanderbilt Law School Faculty Publications

This article examines an important yet overlooked form of federal regulation implicating efficiency and fairness concerns - congressional statutes that impose federal sanctions on individuals convicted of state crimes. These sanctions may profoundly influence state criminal proceedings, but the scholarly literature has all but ignored their effects. The article demonstrates that by raising the stakes involved in state cases, federal sanctions may cause defendants to contest state charges more vigorously, thereby producing one of two unintended consequences. First, the sanctions may make it more costly for state prosecutors to enforce state laws. Second, due to resource constraints or dislike of …

Shifts In Policy And Power: Calculating The Consequences Of Increased Prosecutorial Power And Reduced Judicial Authority In Post 9/11 America, Chris Mcneil

ExpressO

Among many responses to the attacks of September 11, 2001, Congress and the states have shifted to the executive branch certain powers once held by the judicial branch. This article considers the impact of transferring judicial powers to prosecutorial officers, and compares the consequent increased powers of the prosecutor with those powers traditionally held by prosecutors in Japanese criminal courts. It considers the impact of removing from public view and judicial oversight many prosecutorial functions, drawing comparisons between the largely opaque Japanese prosecutorial roles and those roles now assumed in immigration and anti-terrorism laws, noting the need for safeguards not …

Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Out Of Bounds: San Francisco's Homeless Policies, Alexandra Flynn

ExpressO

Homelessness, both a legal and public policy issue, has dominated the City of San Francisco government agenda for over fifteen years. Despite the front-and-center nature of homelessness, the policies enacted have done little to reduce the count. This paper, first, presents San Francisco’s new approach to the issue; namely, the creation of a new and far more limited class of “chronically homeless” persons. This first section includes an examination of the causes of homelessness, the physical alienation of homeless persons through “quality of life” laws, and recent policy initiatives used to social exclude the bulk of homeless persons by limiting …

Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger

BYU Law Review

No abstract provided.

Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth

William Mitchell Law Review

This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …