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State and Local Government Law

2012

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Articles 271 - 282 of 282

Full-Text Articles in Law

Not As Bad As You Think: Why Garcetti V. Ceballos Makes Sense, Kermit Roosevelt Iii Jan 2012

Not As Bad As You Think: Why Garcetti V. Ceballos Makes Sense, Kermit Roosevelt Iii

Faculty Scholarship at Penn Carey Law

No abstract provided.


Building Democracy In Japan, Mary Alice Haddad Dec 2011

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …


Historic Preservation Law, Sara Bronin, J Byrne Dec 2011

Historic Preservation Law, Sara Bronin, J Byrne

Sara C. Bronin

This book was written for anyone interested in the increasingly important area of historic preservation law. With this book, we hope to advance and encourage the teaching of preservation law, shape the way the field is conceived, and create a practical resource that will be consulted by attorneys and other preservation professionals. Our approach to the subject is reasonably straightforward. We present the most significant legal issues in preservation and place them in a contemporary context, identifying contested questions and areas of reform. The format of the book is traditional: edited leading cases with notes that provide explanation, extension, and …


Invisible Federalism And The Electoral College, Derek Muller Dec 2011

Invisible Federalism And The Electoral College, Derek Muller

Derek T. Muller

What role do States have when the Electoral College disappears? With the enactment of the National Popular Vote on the horizon and an imminent presidential election in which a nationwide popular vote determines the winner, States would continue to do what they have done for hundreds of years — administer elections. The Constitution empowers States to decide who votes for president, and States choose who qualifies to vote based on factors like age or felon status. This power of States, a kind of “invisible federalism,” is all but ignored in Electoral College reform efforts. In fact, the power of the …


Adr And State And Local Government Practice (Forthcoming), Steven Gonzales Dec 2011

Adr And State And Local Government Practice (Forthcoming), Steven Gonzales

Steven Gonzales

No abstract provided.


Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman Dec 2011

Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman

John C. Eastman

This Essay explores the legal challenges two immigration bills, Arizona’s 2010 S.B. 1070 and Alabama’s 2011 H.B. 56, and addresses how the Department of Justice (DOJ) fundamentally misunderstands the nature of state sovereignty and federalism, and concludes that, with the possible exception of one provision of the Arizona law, the states are acting well within their authority to protect the health, safety, and welfare of their residents without intruding on the plenary power over immigration and naturalization that the U.S.  Constitution vests in Congress.


Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward Dec 2011

Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward

Claire Alexis Ward

This article takes one state, Massachusetts, as its focus for a perspective on the residential mortgage foreclosure crisis. U.S. Bank v. Ibanez, in early 2011, signaled a changing tide which began to hold banks accountable for the shoddy practices they frequently used to foreclose. However, the promise of Ibanez was unfulfilled as successor cases failed to follow through with its vision. Mortgagor actions brought in the trial courts to prevent foreclosure have been unsuccessful with the elemental actions based in consumer protection, contract, and equity. However, this article proposes new and novel solutions to force banks to be held accountable …


Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira Dec 2011

Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira

Aleksandra M de Medeiros Vieira

No abstract provided.


Does Sit-Lie Work: Will Berkeley's "Measure S" Increase Economic Activity And Improve Services To Homeless People?, Jeffrey Selbin, Joseph Cooter, Ericka Meanor, Ericka Soli Dec 2011

Does Sit-Lie Work: Will Berkeley's "Measure S" Increase Economic Activity And Improve Services To Homeless People?, Jeffrey Selbin, Joseph Cooter, Ericka Meanor, Ericka Soli

Jeffrey Selbin

In November 2012, Berkeley voters will decide whether to enact Measure S, an ordinance that would ban sitting on public sidewalks during business hours in the City’s commercial districts.
Proponents of the “Civil Sidewalks Ordinance” – called “Sit-Lie” in the municipalities which have enacted such laws in recent years – argue that it will: (1) increase local economic activity (“saves jobs”), and (2) improve services to homeless people (“helps people”).
To test whether Sit-Lie laws deliver on these promises, we reviewed data on economic activity and homeless services in other Sit-Lie jurisdictions nationally, statewide and locally; surveyed community organizations, municipal …


Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha Dec 2011

Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não pode deixar de haver uma relação entre Estado e valores. Sem alguns valores partilhados, o Estado tem dificuldades. Há sempre, de um modo ou de outro, uma Ética no Estado. Ou várias. Como lidar com as éticas e as morais em sociedades pluralista como as nossas? Esta dificuldade obriga-nos também a repensar o próprio Estado, também desafiado por tempos de globalização. Foram estas algumas das interrogações que desejamos colocar neste estudo, elaborado para corresponder ao honroso convite para colaborar no portentoso volume que homenageia o grande constitucionalista brasileiro, e Vice-Presidente da República Federativa do Brasil, Prof. Michel Temer.


Equitable Fiscal Regionalism, Matthew J. Parlow Dec 2011

Equitable Fiscal Regionalism, Matthew J. Parlow

Matthew Parlow

Due to suburbanization and white flight, metropolitan regions suffer from great fiscal inequality. Wealthier, and oftentimes white, suburbs are able to keep their tax burdens low and receive high quality government services. In contrast, central cities, with many poorer and ethnic minority communities, face eroding tax bases and increased demand for social services. In response to this fiscal dilemma, central cities spend money to construct and operate assets, such as a sports stadium or music hall, in the hopes of spurring economic development that can create job opportunities for residents and increased tax revenues for the city. While such assets …


The Great Recession And Its Implications For Community Policing, Matthew J. Parlow Dec 2011

The Great Recession And Its Implications For Community Policing, Matthew J. Parlow

Matthew Parlow

During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such …