Law Commons^™

How The Massachusetts Supreme Judicial Court Should Interpret Wynne, Michael S. Knoll, Ruth Mason

All Faculty Scholarship

In this special report, Knoll and Mason discuss how the Massachusetts Supreme Judicial Court should apply Wynne when it hears on remand First Marblehead v. Commissioner of Revenue. The authors conclude that when it originally heard the case, the Massachusetts court mistakenly considered, as part of its internal consistency analysis, whether Gate Holdings Inc. experienced double state taxation. As developed by the U.S. Supreme Court and most recently applied in Wynne, the internal consistency test is not concerned with actual double taxation that may arise from the interaction of different states’ laws. Rather, the test is designed to determine …

Officiating Removal, Leah Litman

Articles

For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants' representation in state postconviction proceedings. In 2011, various justices on the Pennsylvania Supreme Court began to call for federally funded community defender organizations to stop representing capital defendants in state postconviction proceedings. The justices argued, among other things, that the organizations' representation of capital defendants constituted impermissible federal interference with state governmental processes and burdened state judicial resources. The court also alleged the community defender organizations were in violation of federal statutes, which only authorized the organizations to assist state prisoners in federal, but …

Written Testimony On Correctional Oversight Of The Nys Doccs, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

I am testifying today on behalf of both myself and my co-chair Michele Deitch, who has submitted written testimony for your consideration. My comments here reflect both the key points in her testimony as well as some of my own thoughts about the importance of external oversight and comments about the critical role played by the Correctional Association of New York, the failure of the State Commission on Correction to provide meaningful regulation of New York’s prisons, and the need to improve access by the media to the public and to the state’s prisons.

Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-68 (Enviro Clean Facility)

Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-498 (Geitgey Donald #3 Well)

Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-423 (Antero Resources Corp.; Seneca Unit)

How The Right To Speedy Trial Can Reduce Mass Pretrial Incarceration, Zina Makar

All Faculty Scholarship

Kenny Johnson1 was thirty-two years old when he was released from a Baltimore City jail— almost three years after his arrest in October 2012. Johnson was not serving a sentence, but these three years were spent under pretrial detention. He had been denied bail. Johnson’s case was a rollercoaster of delays and uncertainty, particularly towards the end of his pretrial incarceration. The need for certainty convinced Johnson to plead guilty—he could not stand knowing that his pretrial incarceration could be indefinite and he wanted to be sure he was going home, guilty or not guilty.

Between the time he was …

Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management And K & H Partners, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Issuance of Injection Well Permit SWIW #11 (K & H Partners, LLC)

Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis

Articles

Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

All Faculty Scholarship

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

Comments On Public Lands: Title Transfer Proposals, Chuck Howe

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.

Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses Reed v. Town of Gilbert, in which the Court resolved a Circuit split over what constitutes content based sign regulations. We note that Justice Thomas's majority opinion applies a mechanical "need to read" approach to this question, and then explore the doctrinal and practical concerns raised by this approach. Doctrinally, we explore the tensions between Thomas's "need to read" approach and the Court's current approach of treating some regulation of speech as content-neutral despite the fact that a message must be read to determine its regulatory treatment. A prime example being the Court's "secondary effects" doctrine. …

The Fallacy Of Judicial Supermajority Clauses In State Constitutions, Sandra B. Zellmer, Kathleen Miller

Faculty Law Review Articles

No abstract provided.

Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management And R.E. Gas Development, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-544 (R.E. Gas Development, LLC; Grunder North Unit)

Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, Alan Weinstein, Brian Connolly

All Maxine Goodman Levin School of Urban Affairs Publications

This article discusses Reed v. Town of Gilbert, in which the Court resolved a Circuit split over what constitutes content based sign regulations. We note that Justice Thomas's majority opinion applies a mechanical "need to read" approach to this question, and then explore the doctrinal and practical concerns raised by this approach. Doctrinally, we explore the tensions between Thomas's "need to read" approach and the Court's current approach of treating some regulation of speech as content-neutral despite the fact that a message must be read to determine its regulatory treatment. A prime example being the Court's "secondary effects" doctrine. Practically, …

Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)

Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)

Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-120; Chapman #1 Well

It's Not Just Ferguson: Missouri Supreme Court Should Consolidate The Municipal Court System, Thomas Harvey, John Mcannar, Michael-John Voss, Joshua Feinzig, Chris Mcallister

All Faculty Scholarship

The Missouri Supreme Court's unprecedented decision to take control of Ferguson's Municipal Court was based primarily on issues raised during sustained protest following the killing of Mike Brown and reports published by ArchCity Defenders and the Department of Justice. These reports highlighted racial disparity in traffic stops, excessive revenue generation, and excessive warrants and arrests and confirmed the lived experiences of poor and Black people in St. Louis: there is a racially discriminatory and profit-driven approach to law enforcement made possible only by the collaborative efforts of local government, police, and courts.

These condemned practices are not unique to Ferguson. …

Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-94

Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-52 (IWC/Ground Tech., Inc. Facility)

Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-119; Shah-Shah-Patel #2 Well

Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision (Application to Operate Facility)

Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-412

17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Tsars, Task Forces And Standards: The New “Irs”?, John Casey

Publications and Research

Institutional processes for regulating government-nonprofit relations in the U.S. are experiencing substantial growth, particularly at the state level. First, cabinet-level nonprofit “tsars” are being appointed by state governments as point persons for communication and coordination with nonprofits. Second, high-level cross-sector task forces are being established to examine the current relations between the sectors and to recommend reforms in regulatory and oversight processes. Third, nonprofit industry associations are developing statements of operating standards that seek to promote greater discipline in operations. These processes are potentially harbingers of the creation of new institutionalized relationship systems (IRS). This paper examines the emergence of …

People V. Chambers, Jesse W. Carter

Jesse Carter Opinions

Property that belonged to state should not have been sold for taxes, and thus county was responsible for reimbursing former owners for tax deed; statute of limitations did not apply to property owned by the state and devoted to a public use.

What Is A Pond? Michigan Court Of Appeals Interprets “Waters Of The State” Under Michigan Law, Nick Schroeck, Justin Serk

Law Faculty Research Publications

No abstract provided.

Newsroom: Field '97 On Open Records, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.