Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- File Type
Articles 1 - 5 of 5
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 …
The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel
The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel
David B Kopel
Posse comitatus is the legal power of sheriffs and other officials to summon armed citizens to aid in keeping the peace. The posse comitatus can be traced back as least as far as the reign of Alfred the Great in ninth century England. The institution thrives today in the United States; a study of Colorado finds many county sheriffs have active posses. Like the law of the posse comitatus, the law of the office of sheriff has been remarkably stable for over a millennium. This Article presents the history and law of the posse comitatus and the office of sheriff …
One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Regulations, Brannon P. Denning
One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Regulations, Brannon P. Denning
Brannon P. Denning
Among the myriad legal issues confronting states like Colorado that are experimenting with the legalization of marijuana is the need to regulate “pot tourism” by persons from other states where marijuana is not legal. In Colorado, the final recommendations from the Amendment 64 Implementation Task Force included a proposal “to limit purchases by state residents to an ounce at a time and to a quarter of an ounce for out-of-state visitors.” The lower restrictions for nonresidents are designed to deter pot tourists from “smurfing”—visiting a number of different dispensaries to accumulate larger amounts of marijuana with a view to illegally …
One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Restrictions, Brannon P. Denning
One Toke Over The (State) Line: Constitutional Limits On "Pot Tourism" Restrictions, Brannon P. Denning
Brannon P. Denning
Among the myriad legal issues confronting states like Colorado that are experimenting with the legalization of marijuana is the need to regulate “pot tourism” by persons from other states where marijuana is not legal. In Colorado, the final recommendations from the Amendment 64 Implementation Task Force included a proposal “to limit purchases by state residents to an ounce at a time and to a quarter of an ounce for out-of-state visitors.” The lower restrictions for nonresidents are designed to deter pot tourists from “smurfing”—visiting a number of different dispensaries to accumulate larger amounts of marijuana with a view to illegally …
Winters And Water Conservation: A Proposal To Halt “Water Laundering” In Tribal Negotiated Settlements In Favor Of Monetary Compensation, Jesse H. Alderman
Winters And Water Conservation: A Proposal To Halt “Water Laundering” In Tribal Negotiated Settlements In Favor Of Monetary Compensation, Jesse H. Alderman
Jesse H Alderman
In the century since the U.S. Supreme Court, in Winters v. United States, granted Indian tribes reserved water rights, few tribes have received the promised delivery of water, while at the same time, the Department of Interior—the same agency tasked with a fiduciary duty to hold all tribal assets in trust—constructed massive, multibillion-dollar water projects without cognizance of senior Indian rights. The water transformed much of the West, from arid desert to a green expanse of farmland and steel-and-mirrored urban centers with populations rivaling cities in the water-rich East. However, the rapacious pace of development has placed unsustainable strain on …