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State and Local Government Law

2005

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Articles 1 - 30 of 184

Full-Text Articles in Law

Appeal No. 0751: Century Well Services V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2005

Appeal No. 0751: Century Well Services V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order2005-41


Appeal No. 0752: Randy D. Brown V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2005

Appeal No. 0752: Randy D. Brown V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-47


What Is To Be Done? Legislators Look At Redevelopment Reforms, Senate Local Government Committee, Senate Transportation & Housing Committee, Assembly Housing & Community Development Committee, Assembly Local Government Committee, Assembly Judiciary Committee Nov 2005

What Is To Be Done? Legislators Look At Redevelopment Reforms, Senate Local Government Committee, Senate Transportation & Housing Committee, Assembly Housing & Community Development Committee, Assembly Local Government Committee, Assembly Judiciary Committee

California Joint Committees

No abstract provided.


Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd Nov 2005

Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd

Michigan Law Review

Policymakers' false beliefs about capital punishment's universal deterrent effect may have caused many people to die needlessly. If deterrence is capital punishment's purpose then, in the majority of states where executions do not deter crime, executions kill convicts uselessly. Moreover, in the many states where the brutalization effect outweighs the deterrent effect, executions not only kill convicts needlessly but also induce the additional murders of many innocent people. After Part II discusses capital punishment's recent history in the United States, Part III reviews the conflict in recent studies on capital punishment and deterrence. Part IV explores differences ...


Acknowledgments, R. Kennon Poteat Nov 2005

Acknowledgments, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.


Federalism And Antitrust Reform, Herbert J. Hovenkamp Oct 2005

Federalism And Antitrust Reform, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action ...


Pre-Argument Settlement At The Michigan Court Of Appeals: A Secret Too Well Kept, Jeremy L. Fetty Oct 2005

Pre-Argument Settlement At The Michigan Court Of Appeals: A Secret Too Well Kept, Jeremy L. Fetty

The Journal of Appellate Practice and Process

No abstract provided.


Ohio Issue 1 Is Unconstitutional, Wilson Huhn Oct 2005

Ohio Issue 1 Is Unconstitutional, Wilson Huhn

North Carolina Central Law Review

No abstract provided.


U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin Oct 2005

U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin

Scholarly Works

No abstract provided.


Single Subject Rules And Public Choice Theory, Michael Gilbert Sep 2005

Single Subject Rules And Public Choice Theory, Michael Gilbert

ExpressO

Despite generating thousands of cases on important public issues, the single subject rule remains a source of confusion and inconsistency. The root of the problem lies in the inability to define the term “subject” using legal doctrine. This paper reexamines the single subject rule through the lens of public choice theory and finds that its purposes are wrongheaded. Logrolling is not necessarily harmful, and improving political transparency requires legislative compromises to be packaged together rather than spread across multiple acts. Riding is not a form of logrolling but an analytically distinct and more threatening practice. This analysis yields a precise ...


Appeal No. 0747: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0747: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10


Appeal No. 0743: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0743: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2004-104 and 2004-104 (corrected)


Appeal No. 0745: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0745: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10


Appeal No. 0749: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0749: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2004-104 and 2004-104 (corrected)


Appeal No. 0748: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0748: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10


Appeal No. 0746: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0746: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10


Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David J. Reiss Sep 2005

Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David J. Reiss

ExpressO

Predatory lending, the origination of loans with abusive terms to homeowners, is rampant in the subprime mortgage market. In the last few years, many states responded to this problem by enacting consumer protection laws. Large segments of the lending industry have opposed these laws. In large part because of these complaints, momentum is building on three fronts to standardize the operations of the subprime mortgage market.

First, federal regulators are preempting the application of these laws to a broad array of lending institutions and Congress is considering legislation to preempt their application to the remaining financial institutions that are still ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser Sep 2005

Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser

Nevada Law Journal

No abstract provided.


Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker Sep 2005

Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker

BYU Law Review

No abstract provided.


Constitutional Considerations For Local Government Reform In West Virginia, Robert M. Bastress Jr. Sep 2005

Constitutional Considerations For Local Government Reform In West Virginia, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Making State Law In Federal Court, Benjamin C. Glassman Aug 2005

Making State Law In Federal Court, Benjamin C. Glassman

ExpressO

Abstract: We know from Erie R.R. Co. v. Tompkins that unless the Constitution or a federal statute provides the rule of decision in federal court, state law does. Contrary to the assumption of several recent commentators, however, Erie itself does not tell the federal court how to ascertain what is the law of the state, and the refrain that federal courts are to predict what the state supreme court would decide not only proves unhelpful upon examination, but also has tended to confuse the courts themselves in recent years. Yet federal courts routinely face questions of state law that ...


Do Institutions Really Matter? Assessing The Impact Of State Judicial Structures On Citizen Litigiousness, Jeff L. Yates, Paul Brace, Holley Tankersley Aug 2005

Do Institutions Really Matter? Assessing The Impact Of State Judicial Structures On Citizen Litigiousness, Jeff L. Yates, Paul Brace, Holley Tankersley

ExpressO

No abstract provided.


The “New Judicial Federalism” Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders Aug 2005

The “New Judicial Federalism” Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders

ExpressO

No abstract provided.


Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver Aug 2005

Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver

Endangered Species Act Congressional Field Tour (August 17-19)

10 pages (includes color illustrations and map).

Contains references.


Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans Aug 2005

Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans

Endangered Species Act Congressional Field Tour (August 17-19)

5 pages (includes illustration).

Contains references.


Day 3: Friday, 19 August 2005: States And The Esa, Pam Inmann, Tom Norton Aug 2005

Day 3: Friday, 19 August 2005: States And The Esa, Pam Inmann, Tom Norton

Endangered Species Act Congressional Field Tour (August 17-19)

1 page.

Contains references.


Day 2: Thursday, 18 August 2005: Upper Colorado River Endangered Fish Recovery Program, Bob Muth, Tom Pitts, Dan Luecke Aug 2005

Day 2: Thursday, 18 August 2005: Upper Colorado River Endangered Fish Recovery Program, Bob Muth, Tom Pitts, Dan Luecke

Endangered Species Act Congressional Field Tour (August 17-19)

58 pages (includes illustrations and maps).

Contains references.


Day 2: Thursday, 18 August 2005: Colorado Native Aquatic Species Restoration Program, Dave Schnoor Aug 2005

Day 2: Thursday, 18 August 2005: Colorado Native Aquatic Species Restoration Program, Dave Schnoor

Endangered Species Act Congressional Field Tour (August 17-19)

6 pages (includes illustrations).

Contains one reference.


Day 2: Thursday, 18 August 2005: Candidate Conservation Agreements And Collaborative Multi-Party Agreements, Al Pfister, Gary Skiba, Tim Lehmann Aug 2005

Day 2: Thursday, 18 August 2005: Candidate Conservation Agreements And Collaborative Multi-Party Agreements, Al Pfister, Gary Skiba, Tim Lehmann

Endangered Species Act Congressional Field Tour (August 17-19)

8 pages (includes illustrations and maps).

Contains references.