Law Commons^™

The City’S Second Amendment, Dave Fagundes, Darrell A. H. Miller

Faculty Scholarship

Cities are increasingly common sites of contestation over the scope and meaning of the Second Amendment. Some municipalities have announced their opposition to firearm restrictions by declaring themselves Second Amendment sanctuaries. Others have sought to curtail gun violence by passing restrictive local regulations. Still others have responded to police violence by moving to demilitarize, disarm, or even disband their police forces. The burgeoning post-Heller legal literature, though, has largely overlooked the relationship between cities, collective arms bearing, and the Second Amendment. In sum, to what extent do cities themselves have a right to keep and bear arms? This Article tackles …

Law, Autonomy, And Local Government: A Legal History Of Municipal Corporations In Canada West/Ontario, 1850-1880, Mary Margaret Pelton Stokes

PhD Dissertations

The historiography of local government in mid-nineteenth century Canada West/Ontario is divided on the question of municipal autonomy. The more dominant thesis asserts that the Municipal Corporations (Baldwin) Act of 1849 ushered in a period of freedom for municipalities. The second depicts the Act as oppressive of autonomy in the interests of economic development. Both interpretations are based largely on extrapolation from earlier and later periods; there have been no direct examinations of local governance in Canada West/Ontario for what may be considered its formative period, from 1850 to 1880. In addition, much that has been written has been conceptually …

Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

University of Colorado Law Review

Business corporations are critical institutions in our democratic republican, market-based, economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply …

Ethics Issues In Representing Intergovernmental Entities, Hugh D. Spitzer

Articles

The creation and operation of intergovernmental entities raise special professional responsibility issues for the lawyers involved in the formation and the long-term activities of multi-governmental bodies. It is particularly important for attorneys to pay attention to conflicts of interest that arise from giving simultaneous assistance to several governments, or from representing one entity in negotiations with other governments the attorney or firm represents. This paper briefly reviews various categories of interlocal entities in Washington State, as an example. It points out the distinctly different dynamics during the formation period and the operations period of an intergovernmental body. It then analyzes …

Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall

Pepperdine Law Review

No abstract provided.

Taking Aim: The Impetus Driving Suits Against Gun Manufacturers , Mark Barnes

Pepperdine Law Review

No abstract provided.

Carbon Reduction Projects And The Concept Of Additionality, Brian Joseph Mcfarland

Sustainable Development Law & Policy

No abstract provided.

Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner

University of Colorado Law Review

The prior appropriation doctrine is partly founded upon a concern with the speculation and monopolization of scarce water resources. This "anti-speculation doctrine" is anchored by the principles of public ownership of water and the beneficial use element of an appropriative water right. It is a progressive doctrine used by Colorado courts to prevent the public's water from being claimed for personal profit rather than actual beneficial uses. In the modern, high-stakes competition for water supplies needed to serve future population growth, Colorado municipalities and quasi-governmental water agencies have long escaped scrutiny for appropriations to serve undefined future populations. Under the …

Constitutional Law, Maxine Salzman, Wayne B. Chew

Golden Gate University Law Review

No abstract provided.

Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong

Osgoode Hall Law Journal

Although municipal law is a subset of administrative law, it has not received the same degree of theoretical attention. This article aims to contribute to the theoretical literature on municipal law in Canada by offering a civic republican account of regulation making in municipalities. This article's primary contribution ties in the theoretical claim it advances: that civic republicanism (1) explains Canadian municipal law and (2) provides a standpoint for evaluating existing law and policy. The article's arguments about civic republicanism in the local government context offer a detailed account of an area of law that others have suggested is a …

Leaps And Bounds, Nestor M. Davidson

Michigan Law Review

Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has rarely been …

Federal Fairness To State Taxpayers: Irrationality, Unfunded Mandates, And The "Salt" Deduction, Brian Galle

Michigan Law Review

By sheer dollars alone, the largest impact of the Alternative Minimum Tax is to deny many taxpayers the deduction for the taxes they paid to their state and local governments under § 164 of the Internal Revenue Code. This Article provides a fine-grained analysis of the overall fairness of the state-andlocal- tax deduction--and, by implication, the fairness of its partial repeal through the Alternative Minimum Tax. I offer for the first time a close examination of how newly understood limits on taxpayer mobility and rationality might affect individuals' choices of bundles of local taxes and localgovernment services, which in turn …

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

West Virginia Law Review

No abstract provided.

Subdivisions, Standing And The Supremacy Clause: Can A Political Subdivision Sue Its Parent State Under Federal Law, Brian P. Keenan

Michigan Law Review

This Note argues that political subdivisions should be able to seek protection from their parent states under the Supremacy Clause when alleging a conflict between state law and any federal law, be it the Constitution, treaty, or a federal statute. Part I argues that the precedential cases like Hunter and Trenton were limited to the constitutional provisions in question and therefore did not bar all suits under the Supremacy Clause. Part II shows that the issue is one of constitutional protection of political subdivisions, rather than Article III standing, which had a completely different meaning when Hunter and Trenton were …

The One And The Many: Individual Rights, Corporate Rights And The Diversity Of Groups, Bruce P. Frohnen

West Virginia Law Review

No abstract provided.

Kelo And The Local Political Process, Clayton P. Gillette

Hofstra Law Review

No abstract provided.

The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey

Indiana Law Journal

No abstract provided.

Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams

Washington and Lee Law Review

No abstract provided.

Do Creatures Of The State Have Constitutional Rights: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael A. Lawrence

Villanova Law Review

No abstract provided.

Unconstitutional Land Development Conditions And The Development Agreement Solution: Bargaining For Public Facilities After Nollan And Dolan, David L. Callies, Julie A. Tappendorf

Case Western Reserve Law Review

No abstract provided.

Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia Jr.

Notre Dame Law Review

No abstract provided.

O.K. Corral Ii: Policy Issues In Municipal Suits Against Gun Manufacturers, Frank J. Vandall

Villanova Law Review

No abstract provided.

Passing The Operator Buck In United States V. Township Of Brighton: Whether Pollution-Related Or General Activites Create Cercla Liability For A Governmental Entity, Catherine A. Barron

Villanova Environmental Law Journal

No abstract provided.

State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor

West Virginia Law Review

No abstract provided.

A Return To Owen: Depersonalizing Section 1983 Municipal Liability Litigation, Barbara Kritchevsky

Villanova Law Review

No abstract provided.

Balancing Federalism And Free Markets: Toward Renewed Antitrust Policing, Privatization, Or A "State Supervision" Screen For Municipal Market Participant Conduct, James Ponsoldt

Scholarly Works

The past decade has witnessed an historic rejection of state control of markets in eastern Europe. Expansion of domestic antitrust immunity policy toward municipal businesses based upon federalism concerns, however, which occurred during the same period, has fostered autonomous governmental control of markets. The judicial application of the Parker doctrine to local government has tended to contradict the premise underlying several generations of U.S. foreign policy designed to support emerging competitive market economies outside the country. Academic analysis of the Parker doctrine during the 1980s was heated and creative. A number of commentators, with varying viewpoints, have addressed the bases …

Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen

West Virginia Law Review

No abstract provided.

Municipalities And Cercla: The Cleanup Cost Allocation Conundrum, David B. Van Slyke

Villanova Environmental Law Journal

No abstract provided.

Opening Remarks Of The Panelists, Editors

Villanova Environmental Law Journal

No abstract provided.

The Battle Over Municipal Liability Under Cercla Heats Up: An Analysis Of Proposed Congressional Amendments To Superfund, Joseph M. Manko, Madeline H. Cozine

Villanova Environmental Law Journal

No abstract provided.