Law Commons^™

Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah, Prahesti Sekar Kumandhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Environmental law enforcement by regional governments in the context of regional autonomy is an important part of realizing quality environmental protection and management through the formation of regional legal policies. Regional legal policies regarding the protection and management of life-based on statutory regulations at the central level also influence the functioning of environmental law enforcement in the regions. This article aims to review the pattern of environmental law enforcement based on the Law on Environmental Protection and Management, the Regional Government Law, and the Job Creation Act, and discusses the relationship between the functioning of environmental law enforcement in the …

New Federalism And Civil Rights Enforcement, Alexander Reinert, Joanna C. Schwartz, James E. Pfander

Northwestern University Law Review

Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines that stop many civil rights lawsuits in their tracks. But state and local officials share responsibility for the enforcement of civil rights and have underappreciated powers to adopt reforms of their own. This Article evaluates a range of state and local interventions, including the adoption of state law causes of …

Identifying The Most Democratic Institution To Lead Criminal Justice Reform, Harry B. Dodsworth

Northwestern University Law Review

American criminal justice is in crisis, and most scholars agree why: unduly severe laws, mass incarceration, and disproportionate effects on minority groups. But they don’t agree on a solution. One group of scholars—known as the “democratizers”—thinks the answer is to make the criminal justice system more democratic. According to democratizers, layperson participation and local democratic control will impart sensibility into criminal justice reform. In short, a transfer of power away from distant lawmakers and toward local communities, which would craft their own criminal codes and elect their own prosecutors. This argument assumes that more local means more democratic—but what if …

Organic Waste Bans: Beyond The Compost Heap, David Lee

Journal of Food Law & Policy

Food waste and food insecurity are strange bedfellows, but in the United States they shamelessly walk hand-in-hand. The USDA’s Supplemental Nutrition Assistance Program (“SNAP”) and the Emergency Food Assistance Program (“TEFAP”) are two federal programs that provide for large numbers of people in the United States. Local food recovery and donation programs serve their communities as the “backbone of the America hunger response" efforts. While many American households continue to report their struggles with food insecurity, heaping piles of good food go to waste. The repercussions of wasted food are vast, taxing American wallets, wasting our resources with every bit …

The Impact Of Municipal Fiscal Crisis On Equitable Development, Christopher J. Tyson

Journal Articles

The article focuses on how redevelopment authorities and land banks (RALBs) are especially vulnerable to municipal fiscal distress given investment and coordination necessary to bring about meaningful, impactful equitable development require a level of resource deployment most local governments. It mentions powers of public finance authority, distressed property management, code enforcement and blight elimination. It also mentions resources necessary to do urban planning, community engagement.

Cases And Materials On West Virginia Constitutional Law, Robert M. Bastress Jr.

Open Access Law Books

No abstract provided.

Why Localizing Climate Federalism Matters (Even) During A Biden Administration, Sarah Fox

College of Law Faculty Publications

After four years of a Trump Administration hostile to action on climate change, the United States is now under the leadership of the Biden Administration, which acknowledges the scope of the global climate crisis and has a number of proposals for addressing it. For now, the Democratic par-ty also controls both houses of Congress. All of that is good news for progress on climate change. It does not mean, however, that the federal government will be immediately poised to solve the climate challenge. First of all, the COVID-19 pandemic is likely to continue to occupy a tremendous share of federal …

How The Biden Administration Can Empower Local Climate Action, Sarah Fox

College of Law Faculty Publications

The Biden Administration entered office amid a flurry of executive orders and announcements, no small part of which focused on environmental actions. More specifically, the Administration entered with the stated intention of addressing the climate crisis through a variety of measures that include executive action as well as possible federal legislation. For the federal government to be focused on climate action for the first time in four years is an unequivocally positive change. However, the Biden Administration will certainly encounter many roadblocks to fast action, including delays inherent in regulatory rollback and rulemakings, political hurdles and expenditure of political capital …

Abolish Municipal Courts: A Response To Professor Natapoff, Brendan Roediger

All Faculty Scholarship

If we are serious about disrupting the generational reproduction of the racial social order, we are going to have to learn to let go. Taking up the legacy of criminal municipal courts and racial control, this Response argues against the practice of prescribing from the traditional “medication list” of liberal reforms (substantive, procedural, and “democratizing”) without grappling with whether a system or apparatus is so inextricably bound up with the maintenance of race and class hierarchy that it should be demolished. I assert that we should always ask whether something is redeemable before we ask whether it is reformable. In …

Local Constitutions, Nestor M. Davidson

Faculty Scholarship

Municipal charters are the forgotten constitutions of our federal system. Scholars generally understand our democracy to be governed by federal and state constitutions, but there is a third, almost entirely ignored realm of constitutional law and practice that lives at the local-government level, embodied in the charters that govern cities, counties, and towns. Engaging these foundational documents is critical. In an era of political gridlock and national polarization, with cities and other local governments increasingly grappling with policy concerns once considered state, federal, or even international responsibilities, the legal institutions that govern local democracy merit newfound scrutiny.

Although municipal charters …