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Articles 1 - 30 of 57
Full-Text Articles in Law
The City’S Second Amendment, Dave Fagundes, Darrell A. H. Miller
The City’S Second Amendment, Dave Fagundes, Darrell A. H. Miller
Faculty Scholarship
Cities are increasingly common sites of contestation over the scope and meaning of the Second Amendment. Some municipalities have announced their opposition to firearm restrictions by declaring themselves Second Amendment sanctuaries. Others have sought to curtail gun violence by passing restrictive local regulations. Still others have responded to police violence by moving to demilitarize, disarm, or even disband their police forces. The burgeoning post-Heller legal literature, though, has largely overlooked the relationship between cities, collective arms bearing, and the Second Amendment. In sum, to what extent do cities themselves have a right to keep and bear arms? This Article tackles …
Leaps And Bounds, Nestor M. Davidson
Leaps And Bounds, Nestor M. Davidson
Michigan Law Review
Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has rarely been …
Federal Fairness To State Taxpayers: Irrationality, Unfunded Mandates, And The "Salt" Deduction, Brian Galle
Federal Fairness To State Taxpayers: Irrationality, Unfunded Mandates, And The "Salt" Deduction, Brian Galle
Michigan Law Review
By sheer dollars alone, the largest impact of the Alternative Minimum Tax is to deny many taxpayers the deduction for the taxes they paid to their state and local governments under § 164 of the Internal Revenue Code. This Article provides a fine-grained analysis of the overall fairness of the state-andlocal- tax deduction--and, by implication, the fairness of its partial repeal through the Alternative Minimum Tax. I offer for the first time a close examination of how newly understood limits on taxpayer mobility and rationality might affect individuals' choices of bundles of local taxes and localgovernment services, which in turn …
Constitutional Considerations For Local Government Reform In West Virginia, Robert M. Bastress Jr.
Constitutional Considerations For Local Government Reform In West Virginia, Robert M. Bastress Jr.
West Virginia Law Review
No abstract provided.
Subdivisions, Standing And The Supremacy Clause: Can A Political Subdivision Sue Its Parent State Under Federal Law, Brian P. Keenan
Subdivisions, Standing And The Supremacy Clause: Can A Political Subdivision Sue Its Parent State Under Federal Law, Brian P. Keenan
Michigan Law Review
This Note argues that political subdivisions should be able to seek protection from their parent states under the Supremacy Clause when alleging a conflict between state law and any federal law, be it the Constitution, treaty, or a federal statute. Part I argues that the precedential cases like Hunter and Trenton were limited to the constitutional provisions in question and therefore did not bar all suits under the Supremacy Clause. Part II shows that the issue is one of constitutional protection of political subdivisions, rather than Article III standing, which had a completely different meaning when Hunter and Trenton were …
Do Creatures Of The State Have Constitutional Rights: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael A. Lawrence
Do Creatures Of The State Have Constitutional Rights: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael A. Lawrence
Villanova Law Review
No abstract provided.
State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor
State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor
West Virginia Law Review
No abstract provided.
Balancing Federalism And Free Markets: Toward Renewed Antitrust Policing, Privatization, Or A "State Supervision" Screen For Municipal Market Participant Conduct, James Ponsoldt
Scholarly Works
The past decade has witnessed an historic rejection of state control of markets in eastern Europe. Expansion of domestic antitrust immunity policy toward municipal businesses based upon federalism concerns, however, which occurred during the same period, has fostered autonomous governmental control of markets. The judicial application of the Parker doctrine to local government has tended to contradict the premise underlying several generations of U.S. foreign policy designed to support emerging competitive market economies outside the country. Academic analysis of the Parker doctrine during the 1980s was heated and creative. A number of commentators, with varying viewpoints, have addressed the bases …
Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen
Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
The New Federal Standards For Municipal Solid Waste Landfills: Adding Fuel To The Regulatory Fire, Kathleen Farrelly
The New Federal Standards For Municipal Solid Waste Landfills: Adding Fuel To The Regulatory Fire, Kathleen Farrelly
Villanova Environmental Law Journal
No abstract provided.
City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin
City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin
Indiana Law Journal
No abstract provided.
Aesthetic Regulation: A New General Rule, Michael Pace
Aesthetic Regulation: A New General Rule, Michael Pace
West Virginia Law Review
No abstract provided.
Municipal Compliance With The Clean Water Act, Jeffrey D. Robertson
Municipal Compliance With The Clean Water Act, Jeffrey D. Robertson
West Virginia Law Review
No abstract provided.
An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer
An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer
Articles
Sections 5 and 7 of article VIII of the Washington State Constitution, concerning gifts or loans by the state and by local governments, have been a source of confusion to the courts and frustration to the sponsors of government programs. Although some have proposed a single formula for applying the provisions, attempts to create a single rule or set of coherent rules for interpreting these problematical provisions are apt to fail. The constitutional language is complex, involving numerous elements, each of which must be present for the prohibition to apply. Rather than a single formula governing the application of these …
City Of Lafayette, Louisiana V. Louisiana Power & Light Co.: Will Municipal Antitrust Liability Doom Effective State-Local Government Relations?
Washington and Lee Law Review
No abstract provided.
Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman
Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman
Indiana Law Journal
This article is a significantly revised version of the Harris Lectures delivered in April, 1977 at the Indiana University School of Law of Bloomington.
Indiana City Attorneys: A Conflict Of Interests, Christina Mckee
Indiana City Attorneys: A Conflict Of Interests, Christina Mckee
Indiana Law Journal
No abstract provided.
Torts--Governmental Immunity--Municipal Immunity Abolished, James Albert Russell
Torts--Governmental Immunity--Municipal Immunity Abolished, James Albert Russell
West Virginia Law Review
No abstract provided.
Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff
Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff
Publications
No abstract provided.
City Of Miami Beach V. Forte Towers, Inc., 305 So. 2d 764 (Fla. 1974), David K. Miller
City Of Miami Beach V. Forte Towers, Inc., 305 So. 2d 764 (Fla. 1974), David K. Miller
Florida State University Law Review
Municipal Corporations- RENT CONTROL- CITY OF MIAMI BEACH MAY ENACT RENT CONTROL ORDINANCE UNDER MUNICIPAL HOME RULE POWERS ACT.
Annexation And The Jurisdictional Attack In Indiana: The City Comes To Visit, George T. Mcnaughton
Annexation And The Jurisdictional Attack In Indiana: The City Comes To Visit, George T. Mcnaughton
Indiana Law Journal
No abstract provided.
Defining "Municipal Or Internal Affairs": The Limits Of Power For Indiana Cities, Philip R. Cockerille
Defining "Municipal Or Internal Affairs": The Limits Of Power For Indiana Cities, Philip R. Cockerille
Indiana Law Journal
No abstract provided.
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
Publications
No abstract provided.
Special Service Districts In A City-County Consolidation: Conflict Between Metropolitan Reform And "One Man-One Vote" In Indianapolis-Marion County, Michael J. Huston
Special Service Districts In A City-County Consolidation: Conflict Between Metropolitan Reform And "One Man-One Vote" In Indianapolis-Marion County, Michael J. Huston
Indiana Law Journal
Recent Developments in Indiana Law
"Substantial Compliance" With Municipal Tort Notice Requirements: Galbreath V. City Of Indianapolis, H. Andrew Sonneborn
"Substantial Compliance" With Municipal Tort Notice Requirements: Galbreath V. City Of Indianapolis, H. Andrew Sonneborn
Indiana Law Journal
No abstract provided.
Municipal Liability For Riot Damage Under Eminent Domain
Municipal Liability For Riot Damage Under Eminent Domain
Washington and Lee Law Review
No abstract provided.
The Future Of Local Government Financing In Indiana, Carlyn E. Johnson
The Future Of Local Government Financing In Indiana, Carlyn E. Johnson
Indiana Law Journal
No abstract provided.
Annexation-Virginia's Dilemma, William L. Martin, J. E. Buchholtz
Annexation-Virginia's Dilemma, William L. Martin, J. E. Buchholtz
Washington and Lee Law Review
No abstract provided.
Some Municipal Annexation Problems In West Virginia, John Payne Scherer
Some Municipal Annexation Problems In West Virginia, John Payne Scherer
West Virginia Law Review
When a city or town in West Virginia desires to annex additional territory, it is frequently faced with perplexing problems in determining just what the proper procedures are. In some instances it is almost impossible to say with certainty whether certain annexation provisions of the code are applicable for a proposed annexation. One of the major problems is that the annexaton provisions of West Virginia's code are found in two separate chapters, chapter 8 and chapter 8A. The requirements for annexing additional territory are quite different in each of the two chapters. The purpose of this note is to examine …
Municipal Liability For Exemplary Damages, David H. Hines
Municipal Liability For Exemplary Damages, David H. Hines
Cleveland State Law Review
Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.