Law Commons^™

States Empowering Plaintiff Cities, Eli Savit

University of Michigan Journal of Law Reform

Across the country, cities are becoming major players in plaintiff’s-side litigation. With increasing frequency, cities, counties, and other municipalities are filing lawsuits to vindicate the public interest. Cities’ aggressive use of lawsuits, however, has been met with some skepticism from both scholars and states. At times, states have taken action—both legislative and via litigation—to preempt city-initiated suits.

This Article contends that states should welcome city-initiated public-interest lawsuits. Such litigation, this Article demonstrates, vindicates the principles of local control that cities exist to facilitate. What is more, a motivated plaintiff city can accomplish public-policy goals that are important not just to …

Constitutional Law - Delegation Of Legislative Power - Use Of State Agency Classification As Basis For Federal Law, James Tobin

Michigan Law Review

Under provisions of the Federal Coal Mine Safety Act a coal mine is classified as gassy within the meaning of the act, and certain precautionary measures are thereby required, when the U. S. Bureau of Mines finds that the mine atmosphere fails to meet tests set forth in the act or when the mine is found to be a "gassy or gaseous mine pursuant to and in accordance with the laws of the State in which it is located." One of appellant's coal mines was classified as gassy by the West Virginia Department of Mines. When appellant failed to comply …