Law Commons^™

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Appeal No. 0856: City Of North Royalton, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2013-181; Mandatory Pooling (Callas #8HD Well; Cutter Oil Company)

Appeal No. 0868: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-129, Chief's Orders 2014-130 (Alfman AP #1 Well and Ruth Porter #1 Well)

Appeal No. 0867: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-129, Chief's Orders 2014-130 (Alfman AP #1 Well and Ruth Porter #1 Well)

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be …

Appeal No. 0860: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-43 & 2014-44; (Miller #1 Well; bond forfeiture; Cincinnati Insurance Co.)

Appeal No. 0861: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-43 & 2014-44; (Miller #1 Well; bond forfeiture; Cincinnati Insurance Co.)

Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz

Senior Honors Projects

Paid Family Leave policies are rare in the United States. Around the world, one hundred and eighty-two countries provide some form of paid maternity leave, and seventy countries also offer paid paternity leave. It is estimated that only 36 percent of U.S. employees have access to paid leave if they get sick, a policy that is almost universal in other developed countries, and only 12 percent of employees have access to paid family leave. Presently, just three states have implemented Paid Family Leave (PFL) to help offset the cost of time taken off of work to care for a newborn …

The Fragmented Regulation Of Investment Advice: A Call For Harmonization, Christine Lazaro, Benjamin P. Edwards

Michigan Business & Entrepreneurial Law Review

Decades of short-term thinking and regulatory fixes created the bewilderingly complex statutory and regulatory structures governing the giving of personalized investment advice to retail customers. Although deeply flawed, the current systems remain entrenched because of the difficulties inherent in making radical alterations. Importantly, the current patchwork systems do not seem to serve retail customers particularly well. Retail customers tend to make predictable and costly mistakes in allocating their assets. Some of this occurs because many investors lack basic financial literacy. A recent study released by the staff of the Securities and Exchange Commission (the “Commission”) on financial literacy among investors …

Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott

Articles

Sex offender laws that target recidivism (e.g., community notification and residency restriction regimes) are premised—at least in part—on the idea that sex offender proximity and victimization risk are positively correlated. We examine this relationship by combining past and current address information of registered sex offenders (RSOs) with crime data from Baltimore County, Maryland, to study how crime rates vary across neighborhoods with different concentrations of resident RSOs. Contrary to the assumptions of policymakers and the public, we find that, all else equal, reported sex offense victimization risk is generally (although not uniformly) lower in neighborhoods where more RSOs live. To …

Local Government Law, Kirk Fjelstul

Mercer Law Review

This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2013 to May 31, 2014.

Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons

Daniel Lyons

The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the …

Setting A New Standard For Public Education: Revision 6 Increases The Duty Of The State To Make ‘Adequate Provision’ For Florida Schools, Jon L. Mills, Timothy Mclendon

Jon L. Mills

Among the nine revisions proposed to Florida voters by the Constitution Revision Commission in 1998, Revision 6 fundamentally enhanced Florida's responsibility for public education. Revision 6 amended Article IX, Section 1, of the Florida Constitution, which sets forth the State's duty to provide for public education. Entitled “PUBLIC EDUCATION OF CHILDREN,” Revision 6 makes a declaration of the relative importance of education to the people of Florida, and describes as “paramount” the duty of the state to adequately provide for education. Revision 6 goes on to detail and raise the constitutional standard for what constitutes “adequate provision” for public education, …

Archcity Defenders: Municipal Courts White Paper, Thomas Harvey, John Mcannar, Michael-John Voss, Megan Conn, Sean Janda, Sophia Keskey

All Faculty Scholarship

ArchCity Defenders represents St. Louis' indigent on a pro bono basis in criminal and civil legal matters while working closely with social service providers to connect clients with services. Our primary goal is to remove the legal barriers preventing our clients from accessing the housing, job training, and treatment they need to get on with their lives.

In the five years we have been doing this work, we have primarily focused on representation in the municipal courts that have jurisdiction over infractions for mostly traffic-related offenses. Our direct representation of clients in these courts and the stories they shared of …

Appeal No. 0888: Edco Drilling And Producing, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-254 (Hedrick #1A Well)

Reconciling The Municipal Pension Problem With Chapter 9'S Automatic Stay: A Case Note On In Re City Of San Bernardino, Michael Simon

The Journal of Business, Entrepreneurship & the Law

Using In re City of San Bernardino as a springboard, this Note explores both the descriptive and analytic dimensions of a municipality seeking relief from its pension woes within the context of Chapter 9 of the Bankruptcy Code. As a descriptive matter, this Note illustrates that municipalities need alternative solutions to address the growing public pension problem besides issuing municipal bonds. Given the structure of certain public defined benefit pension systems, the strategy of issuing municipal bonds to raise cash has substantial disadvantages. In certain contexts, Chapter 9 of the Bankruptcy Code provides a significantly better alternative. Unlike a business …

Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar

Touro Law Review

No abstract provided.

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.

City Court, City Of Rochester, People V. Barton, Kerri Grzymala

Touro Law Review

No abstract provided.

Criminal Court, New York County, People V. James, Nicole Compas

Touro Law Review

No abstract provided.

Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.

Touro Law Review

No abstract provided.

Appeal No. 0858: Fresh Water Accountability Project, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-08 (EnerGreen 360 Facility)

Five Year Strategic Plan For Economic Development: Prepared For The Town Of Winthrop, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

In the spring of 2014, the Town of Winthrop hired the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston to help develop a Strategic Plan for Economic Development. The Center’s project team began its work by carefully analyzing data in order to understand Winthrop’s current business environment, and to learn how it has changed over time. Multiple sources of information were used, including the Census Bureau’s Decennial Census, American Community Survey, and County Business Patterns, data from the Bureau of Labor Statistics, and Claritas retail leakage data. In addition, the project team distributed and …

Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt

Michigan Law Review First Impressions

The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether …