Law Commons^™

The Implications Of Csx And Dma, David Gamage, Darien Shanske

Articles by Maurer Faculty

This essay analyzes the implications of two recent Supreme Court cases on state and local taxation: Alabama Department of Revenue v. CSX Transportation Inc. and Direct Marketing Association v. Brohl. We argue that both of these decisions not only fail to resolve major issues in state and local taxation, but actually unsettle these issues.

Preventing Government Shutdowns: Designing Default Rules For Budgets, David Gamage, David Scott Louk

Articles by Maurer Faculty

In nearly every area of law and governance, default policies exist when lawmakers cannot pass new legislation — typically, the status quo simply remains in effect. To its detriment, U.S. budget making at both the state and federal levels lacks effective defaults. If a new budget isn’t passed by year end, there is no budget, and the government shuts down. This lack of defaults, coupled with a dysfunctional era of budgetary politics, has led to a number of recent high-profile and costly state and federal government shutdowns at the state and federal levels.

To date, legal scholarship has failed to …

Using Taxes To Improve Cap And Trade, Part I: Distribution, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this article, the first of a series, we analyze the distributional issues involved in implementing U.S. state level cap-and-trade regimes. Specifically, we will argue that the structure of California’s AB 32 regime will unnecessarily disadvantage lower-income Californians under the announced plan to give away approximately half of the permits to businesses and pollution-emitting entities.

State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

The Case For A State-Level Debt-Financing Authority, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this essay, we argue for the adoption of state-level debt-financing authorities as part of a broader package for reforming local government borrowing.

Managing Fiscal Volatility By Redefining "Tax Cuts" And "Tax Hikes", David Gamage, Jeremy Bearer-Friend

Articles by Maurer Faculty

This report analyzes how states should cope with fiscal volatility at the level of institutional-design policy. We propose that states reconsider how they define terms like ‘‘tax cuts’’ and ‘‘tax hikes.’’ By adopting a new baseline for defining those terms, states can increase the likelihood of using tax rate adjustments to cope with fiscal volatility rather than more harmful spending fluctuations.

Minimizing The Harm Of State Fiscal Volatility, David Gamage, Jeremy Bearer-Friend

Articles by Maurer Faculty

This report’s primary concern is how U.S. state governments should respond to the fiscal volatility created by their balanced budget constraints. Applying the principles of risk allocation theory to this recurring problem, we conclude that states should primarily adjust the rates of broad-based taxes as their economies cycle, rather than fluctuating public spending.

Rethinking The Federal Role In State Criminal Justice, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

This Essay argues that federal habeas review of state criminal cases squanders resources the federal government should be using to help states reform their systems of defense representation. A 2007 empirical study reveals that federal habeas review is inaccessible to most state prisoners convicted of non-capital crimes, and offers no realistic hope of relief for those who reach federal court. As a means of correcting or deterring constitutional error in non-capital cases, habeas is failing and cannot be fixed. Drawing upon these findings as well as the Supreme Court's most recent decision applying the Suspension Clause, the authors propose that …

The Supreme Court And Indiana's Voter Id Law, David Williams

Articles by Maurer Faculty

No abstract provided.

Managing California's Fiscal Roller Coaster, David Gamage

Articles by Maurer Faculty

This article analyzes the causes of California's budget crises and prescribes institutional mechanisms for improving California's budgetary management.

Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss

Articles by Maurer Faculty

In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …

There Is A Land In The Far Off West, Michael Maben

Articles by Maurer Faculty

No abstract provided.

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Interpreting Conflicting Provisions Of The Nevada State Constitution, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Demaine

Articles by Maurer Faculty

In the wake of litigation over the responsibility of tobacco companies for harm caused by cigarettes and in the face of increased public hostility toward smoking, Kentucky's tobacco farmers are apprehensive about the future. While not all growers depend entirely on tobacco for their income, the potential shrinking of the tobacco market will have serious ramifications throughout the state. Some farmers are turning to organic vegetable farming, or to com and soybeans as alternative crops, but the potential of industrial hemp as an option remains uncertain. Touted by many as the answer to the tobacco farmer's quandary, industrial hemp remains …

Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Interstate Dialogue In State Constitutional Law, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Ancient Law And Modern Eyes, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams

Articles by Maurer Faculty

In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …

Recent Constitutional Decisions In Indiana, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Health Care Decision Making In Indiana And Beyond, Fred H. Cate, Kathleen M. Anderson

Articles by Maurer Faculty

No abstract provided.

Developments In The Law Of Evidence, Sophia Goodman, Henry C. Karlson, Kathleen M. Mulligan

Articles by Maurer Faculty

The purpose of this Article is to alert Indiana practitioners to significant 1991 developments in the law of evidence. The Article first discusses Indiana developments. It then briefly highlights Seventh Circuit and United States Supreme Court decisions of note.

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Statutory Interpretation In State Courts -- A Study Of Indiana Opinions, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Legislative Reforms Of Governmental Tort Liability: Overreacting To Minimal Evidence, Ann Judith Gellis

Articles by Maurer Faculty

No abstract provided.

From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Defining California Civil Code Section 47 (3): The Resurgence Of Self-Governance, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.