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Full-Text Articles in Law
How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, Joshua P. Fershee
How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, Joshua P. Fershee
Joshua P Fershee
Professor Fershee responds to Professor David B. Spence’s article about local hydraulic fracturing bans: The Political Economy of Local Vetoes, 93 Texas L. Rev. 351 (2015). Professor Spence notes that the shale oil and gas debate provides an example of “an age-old political problem that the law is called upon to solve: the conflict between an intensely held minority viewpoint and a less intense, contrary view held by the majority.” In resolving such conflicts, Spence suggests that courts should resolve such “conflicts in ways that encourage states and local governments to regulate in ways that weigh both the costs and …
New York State's 2007 Worker's Compensation Reform: Success Or Failure?, Mary L. D'Agostino
New York State's 2007 Worker's Compensation Reform: Success Or Failure?, Mary L. D'Agostino
Mary L D'Agostino
No abstract provided.
Cigarette Tax: Not About Money? (Parts I-Iii), Ryan Dreveskracht
Cigarette Tax: Not About Money? (Parts I-Iii), Ryan Dreveskracht
Ryan Dreveskracht
An analysis of the recent attacks on tribal sovereignty vis-a-vis tobacco revenue.
The Proper Guardians Of Foster Children’S Educational Interests, Margaret Ryznar, Chai Park
The Proper Guardians Of Foster Children’S Educational Interests, Margaret Ryznar, Chai Park
Margaret Ryznar
The United States Supreme Court has enumerated a constitutionally protected parental right to control the upbringing of one’s child that includes the right to direct the child’s education. The states, meanwhile, have differed in their interpretation and application of this principle when foster children’s educational interests conflict with their biological parents’ wishes. Specifically, although some states permit the judicial limitation of parental rights over children’s education during foster care placement, others do not. This Article is among the first to consider the benefits and consequences of each approach in the context of parents’ rights and children’s best interests.
From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson
From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
As William Faulkner explained, we must be free not because we claim freedom, but because we practice it. This article analyzes the continuing constitutional struggle for civil rights on the basis of sexual orientation, concentrating on the constitution state's critique of its constitution. Connecticut is currently at the forefront of recognizing civil rights. Connecticut has ruled that discrimination against gay and lesbian persons is subject to intermediate scrutiny, which has historically been used to review laws that employ quasi-suspect classifications such as gender. Civil marriage for same sex couples is legal in Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont. …