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Articles 1 - 7 of 7
Full-Text Articles in Law
Citizens, Town Councils, And Landowners: The Complex Web Of Rights And Decision-Making In Shale Oil And Gas Development, Heidi Gorovitz Robertson
Citizens, Town Councils, And Landowners: The Complex Web Of Rights And Decision-Making In Shale Oil And Gas Development, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
Robertson's piece focuses on the role of local governments operating within a larger legal system and how they might control or influence shale oil and gas activities within their communities.
Essay: Current And Future Challenges To Local Government Posed By The Housing And Credit Crisis,, Alan Weinstein
Essay: Current And Future Challenges To Local Government Posed By The Housing And Credit Crisis,, Alan Weinstein
Law Faculty Articles and Essays
The ongoing problems in the housing and credit markets, caused by a toxic combination of wholesale deregulation of financial markets by the federal government and imprudent lending and investment practices by financial institutions, pose significant challenges to local and state government officials. Some of these challenges are obvious. How will cities cope with an unprecedented number of foreclosures at the same time that state and local tax revenues are decreasing? When will access to credit ease in a municipal bond market that has constricted as a result of both general credit concerns and questions about the companies insuring those bonds? …
How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein
How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein
Law Faculty Articles and Essays
This article discusses how local government can seek to avoid a claim being brought against it under the Religious Land Use & Institutionalized Persons Act (RLUIPA). Thus, the focus is not on what steps a local government should take when a RLUIPA claim is brought - or threatened to be brought - against it, but focuses instead on what steps local governments should take to seek to avoid a RLUIPA claim in the first place. After reviewing both the changing context of religious observance in the United States, and RLUIPA decisions to date, the article concludes that we are clearly …
The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein
The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein
Law Faculty Articles and Essays
Despite the dismal record cities have compiled of late in defending their race-conscious contracting programs, this article seeks "to dispel the notion that strict scrutiny is 'strict in theory but fatal in fact.'" If a local government follows the course outlined above, and combines the ability to monitor and analyze all relevant contracting data with the enactment and implementation of a multi-faceted race-neutral program, it has laid a sound foundation for the subsequent enactment of race-conscious remedies that are narrowly-tailored to address statistically valid disparities in utilization of specific categories of MBEs that remain after the race-neutral program has been …
State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell
State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell
Journal of Law and Health
This article will provide an overview of the extent to which state and local government entities must provide medical care for the poor and ways to enforce these obligations. Delineation of specific medical assistance program responsibilities requires careful review of the legislative intent and statutory purpose. Remedies for state or local failure to meet statutory or constitutional obligations to provide indigent medical care will be discussed in the enforcement section.
Billboards, Aesthetics, And The First Amendment: Municipal Sign Regulation After Metromedia, Alan Weinstein
Billboards, Aesthetics, And The First Amendment: Municipal Sign Regulation After Metromedia, Alan Weinstein
Law Faculty Articles and Essays
In Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981), 33 ZD 238, the U.S. Supreme Court, although sharply divided, held that states and municipalities could regulate signs and billboards to reduce traffic hazards and improve a community's appearance, but cautioned that regulations which imposed too many restrictions on protected First Amendment rights to freedom of speech would be struck down. The nine Supreme Court justices wrote five separate opinions in Metromedia, struggling to find a workable accommodation between free speech guarantees and the deference normally granted to a municipality's exercise of the police power.' This article, after …
The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn
The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn
Cleveland State Law Review
This comment will discuss the traditional arguments against public sector collective bargaining, suggest answers to those arguments, and analyze the Dayton Classroom Teachers Association decision. It will conclude with an analysis of how the issues should be considered and suggest the problems which are presented by Ohio's case law.