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Full-Text Articles in Law
Smith V. Town Of Pittston: Municipal Home Rule's Narrow Escape From The Morass Of Implicit Preemption, Shane Wright
Smith V. Town Of Pittston: Municipal Home Rule's Narrow Escape From The Morass Of Implicit Preemption, Shane Wright
Maine Law Review
In Smith v. Town of Pittston, the Maine Supreme Judicial Court, sitting as the Law Court, upheld a municipal ordinance adopted by the town of Pittston that prohibited the spreading of septage within Pittston. The majority held that Pittston's ordinance did not violate the Maine Hazardous Waste, Septage and Solid Waste Management Act (Solid Waste Management Act), which “govern[s] the disposal of garbage, sludge, septage and other waste.” The majority interpreted the “home rule” statute as granting sufficient authority to Pittston, as a municipal corporation, to enact the ordinance at issue. The dissent, on the other hand, would have held …
Our Equity: Federalism And Chancery, Jeffrey Steven Gordon
Our Equity: Federalism And Chancery, Jeffrey Steven Gordon
University of Miami Law Review
Federal courts sitting in diversity cannot agree on whether state or federal law governs the award of a preliminary injunction. The conditions for the exercise of a federal diversity court’s extraordinary remedial power are anybody’s guess. The immediate cause of the confusion is Justice Frankfurter’s cryptic opinion in Guaranty Trust Co. v. York, which aggressively enforced Erie and, at the same time, preserved the so-called “equitable remedial rights” doctrine. There are, however, much broader and deeper causes that explain why the equitable remedial rights doctrine is almost incomprehensible today.
This Article argues that the early history of equity in …
Agricultural And Food Law—Food Labeling And Biotechnology—The Food Fight Over Labeling Genetically Engineered Foods And A Natural Solution To Protect Agricultural Biotechnology In The Natural State, Katie W. Branscum
University of Arkansas at Little Rock Law Review
No abstract provided.
In Defense Of California's Mandatory Child Vaccination Law: California Courts Should Not Depart From Established Precedent, Stephanie Awanyai
In Defense Of California's Mandatory Child Vaccination Law: California Courts Should Not Depart From Established Precedent, Stephanie Awanyai
Loyola of Los Angeles Law Review
In the wake of the 2015 measles outbreak in California, California Senate Bill 277 (S.B. 277) was enacted. S.B. 277 repeals the personal belief exemption to California’s immunization requirement for children in public and private educational or child care facilities in the State. While S.B. 277 was enacted to prevent the spread of contagious diseases through mandatory vaccinations of school-aged children, there are objections to this approach. Parents who oppose S.B. 277 contend that S.B. 277 violates their federal and state constitutional rights to make medical decisions on behalf of their child, and infringes on their child’s fundamental state interest …
Identity Crisis: The Misclassification Of California Uber Drivers, Benjamin Powell
Identity Crisis: The Misclassification Of California Uber Drivers, Benjamin Powell
Loyola of Los Angeles Law Review
The Uber ridesharing service is synonymous with the rise of mobile application-based services. This business model has spurred a number of novel legal questions, particularly surrounding the proper identification of Uber drivers. Are they employees, guaranteed the ample protections and workers' rights under California law? Or independent contractors, less subject to employer control, but without the same protections the State provides to employees? With the proliferation of these types of services, answering this question is of critical importance, both to current Uber drivers as well as the countless others who will enter this rapidly-developing field in the coming years. This …