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Full-Text Articles in Law

Abortion Localism And Preemption In A Post-Roe Era, Kaitlin A. Caruso Jan 2023

Abortion Localism And Preemption In A Post-Roe Era, Kaitlin A. Caruso

Faculty Publications

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court eliminated federal constitutional protections for abortion in the United States, overruling Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. That ruling returned much regulation of abortion to state control. But it will also accelerate a longstanding trend: municipal abortion regulation. And in the current world of local government law, increased local activity brings with it the question of state preemption. This article is the first to bring together the history and trends in local abortion policy with intrastate preemption doctrine to fully canvass the post-Roe local abortion …


Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma Jan 2023

Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma

Mitchell Hamline Law Review

No abstract provided.


Countermajoritarian Criminal Law, Michael L. Smith Dec 2022

Countermajoritarian Criminal Law, Michael L. Smith

Pace Law Review

Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.

This Article adds to and amplifies this criticism by …


Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii Nov 2021

Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii

St. Mary's Law Journal

Abstract forthcoming.


Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi Mar 2021

Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi

UAEU Law Journal

At this stage of internationalsocialdevelopment, the answer to the aforementioned question cannot be provided solely by municipallaw. Internationallawand its rules must provide some of the answers. Some of these rules, which have been adopted from municipallaw, namely "the principle of democracy", which is one of generalprinciples oflawhas been embodied in Article 38 of the ICJ's Statute as a source of internationallaw.

The principle of democracy, as a generalprinciple oflaw, has the same implication and application in the two systems of municipaland internationallaw. The preservation of the principle of democracy in one system by a state leads inevitably to the preservation …


Design Justice In Municipal Criminal Regulation, Amber Baylor Jan 2021

Design Justice In Municipal Criminal Regulation, Amber Baylor

Faculty Scholarship

This Article offers a model for addressing current inequities in U.S. municipal criminal regulation through design justice theory. Historically, municipal courts in the United States have been the arbiter of minor crimes, processing traffic tickets and other low-level criminal charges. They have also served to uphold Black Codes, segregation, anti-protest laws, and “broken windows” criminal regulation. Enhancing equality in municipal courts requires meaningful participation from across the city’s populace. Participatory design- a framework within urban planning, architecture and design fields- is a practice with honed protocols for implementing meaningful participation from “users” of a place or product. The goal of …


The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power Jan 2019

The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power

Dalhousie Journal of Legal Studies

This article attempts to delineate the scope of a municipality’s legal power within the realm of environmental management. Part one of this article looks at the legal position of a municipal government in the Canadian constitutional framework. The authors note that municipalities are creatures of statute and their available powers are tightly prescribed by legislation. Part two of this article is a case study of the City of Toronto's efforts to manage pollution in the Great Lake region, particularly with respect to Lake Ontario. Despite the limits to a municipality’s power, the authors argue that many effective pollution prevention strategies …


Law, Autonomy, And Local Government: A Legal History Of Municipal Corporations In Canada West/Ontario, 1850-1880, Mary Margaret Pelton Stokes Oct 2018

Law, Autonomy, And Local Government: A Legal History Of Municipal Corporations In Canada West/Ontario, 1850-1880, Mary Margaret Pelton Stokes

PhD Dissertations

The historiography of local government in mid-nineteenth century Canada West/Ontario is divided on the question of municipal autonomy. The more dominant thesis asserts that the Municipal Corporations (Baldwin) Act of 1849 ushered in a period of freedom for municipalities. The second depicts the Act as oppressive of autonomy in the interests of economic development. Both interpretations are based largely on extrapolation from earlier and later periods; there have been no direct examinations of local governance in Canada West/Ontario for what may be considered its formative period, from 1850 to 1880. In addition, much that has been written has been conceptually …


Conceptualizing The Urban Commons: The Place Of Business Improvement Districts In City Governance, Alexandra Flynn Jan 2018

Conceptualizing The Urban Commons: The Place Of Business Improvement Districts In City Governance, Alexandra Flynn

All Faculty Publications

Business Improvement Districts (BIDs) are self-taxed organizations that are comprised of businesses and property owners, are approved by city governments, and spend funds to improve profitability within certain neighbourhood boundaries. BID governance structures can also include neighbourhood residents and city councillors as voting or non-voting members. Numerous scholars have written about the role of BIDs in city governance, including the extent to which they improve or undermine inclusivity and accountability. This paper focuses on a related question that has not yet been deeply analysed in legal scholarship: can BIDs be considered a form of urban commons? The term ‘urban commons’ …


Re-Imagining Local Governance: The Landscape Of "Local" In Toronto, Alexandra Elizabeth Flynn Jun 2017

Re-Imagining Local Governance: The Landscape Of "Local" In Toronto, Alexandra Elizabeth Flynn

PhD Dissertations

In 1997, the Province of Ontario formed the City of Toronto, amalgamating one regional and six small municipalities into a single city government. This action altered the formal institutions of local governance, replacing what was once regional with a City Council meant to represent city-wide issues, and without providing a clear model for local or smaller-than-city decision-making. The purpose of this dissertation is to conceptualize the meaning of local governance within the City of Toronto as a result of the overlap of wards (as represented by councillors), community councils, business improvement areas and neighbourhood associations, each of which claim geographical …


From Planning To Passing: The Amherst, Massachusetts Plastic Bag Ban, Kevin J. Hollerbach Jan 2017

From Planning To Passing: The Amherst, Massachusetts Plastic Bag Ban, Kevin J. Hollerbach

Student Showcase

This case study will detail the background and influences for a plastic bag ban in the town of Amherst, outline the steps taken from planning to passage, and address roadblocks and missteps that may be avoided with the implementation of future bans. It is my hope that this document will not only serve as a guide, but also an inspiration for additional local action in Massachusetts and across the country. No matter what the national political climate or attitude towards environmental issues, local action is always possible, and change is usually easier than you think. Think globally, act locally!


Reimagining Toronto's Community Councils, Alexandra Flynn Jan 2017

Reimagining Toronto's Community Councils, Alexandra Flynn

All Faculty Publications

This article examines Toronto’s community councils, a post-amalgamation creation meant to buffer the effects of a much larger city. Using a mixed methodology approach to understand their role and function, this paper finds that community councils largely focus on local planning and land use issues. However, under applicable law, Toronto’s community councils have the capacity to increase their delegated and decision-making power to serve a greater stewardship role in matters of concern to the city’s neighborhoods, such as the “local” effects of “city-wide” issues, and to include non-councilor members as decision-makers. This paper argues that the City of Toronto should …


The Device Of Fiction In Public International Law, Jean J. A. Salmon Jun 2016

The Device Of Fiction In Public International Law, Jean J. A. Salmon

Georgia Journal of International & Comparative Law

No abstract provided.


Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen Jan 2016

Paws Up, Don't Shoot: Preventing Officer-Involved Shootings Of Companion Canines, Elizabeth Olsen

Animal Law Review

This Article discusses situations in which an officer has shot a companion canine, and evaluates the efficacy of the different potential civil claims that an owner may have against the individual officer, his supervisor, the department, or the municipality. It then goes on to suggest that the relief granted, even for successful claims, is insufficient to alter municipal policies governing officer’s interactions with canines because such relief is typically retrospective in nature. Additionally, this Article discusses the serious problems that arise in relying on civil litigation as a mechanism for addressing officer-involved canine companion shootings because of the status of …


Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer Jan 2016

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

Articles

Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse …


Regulating Critical Mass: Performativity And City Streets, Alexandra Flynn Jan 2016

Regulating Critical Mass: Performativity And City Streets, Alexandra Flynn

All Faculty Publications

On the last Friday of every month, tens of thousands of cyclists across 300 cities ride their bicycles for about an hour. In these events, cyclists disregard laws and regulations by bursting through red lights, traversing highway overpasses, and occupying multiple lanes of the road. These cyclists form part of Critical Mass. For the time in which Critical Mass takes place, participants are part of a nomos, or “normative universe”, which determines laws for their particular community. Critical Mass’ conception as a nomos, together with its interaction or performance among the legal orders set out in municipal, provincial, and federal …


The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb Oct 2015

The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb

Electronic Thesis and Dissertation Repository

This project develops an interpretive account of the single reasonableness standard as it has evolved in the Canadian Supreme Court case law since its introduction in New Brunswick (Board of Management) v. Dunsmuir. My analyses show, contrary to the bulk of the academic commentary, that reasonableness is a clear and coherent standard of review. Specifically I show that in the eyes of the Court, interference owing to unreasonableness is required only when decisions are not justified in the context of the legal framework. Unjustified decisions demand interference because they are arbitrary in the sense that the powers of the …


Ohio Supreme Court Symposium Jul 2015

Ohio Supreme Court Symposium

Akron Law Review

During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.


Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross Jul 2015

Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross

Akron Law Review

At a time when the future of the American economy appears bleak, and the necessity to curtail vital urban services becomes commonplace in our cities, the significance of the decision rendered by the Ohio Court of Appeals for Columbiana County in Atwood v. Judge' deserves to be noted. The tension between the public interest in maintaining vital services within the community and the state mandate' that a city operate within its budget is not satisfactorily resolved by the court.


Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline Jul 2015

Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline

Akron Law Review

The Ohio Supreme Court continued in 1983 to expand and define its abrogation of the doctrine of sovereign immunity for municipal corporations and political subdivisions. The court's decisions in this area have resulted in a significant increase in tort liability for local governments and school districts, who may now be found liable for tortious acts in the same manner as private individuals.


The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr May 2015

The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr

Georgia Journal of International & Comparative Law

No abstract provided.


Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz Apr 2014

Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz

Pepperdine Law Review

No abstract provided.


Federalism And Municipal Innovation: Lessons From The Fight Against Vacant Properties, Benton C. Martin Jan 2014

Federalism And Municipal Innovation: Lessons From The Fight Against Vacant Properties, Benton C. Martin

Benton C. Martin

Cities possess a far greater ability to be trailblazers on a national scale than local officials may imagine. Realizing this, city advocates continue to call for renewed recognition by state and federal officials of the benefits of creative local problem-solving. The goal is admirable but warrants caution. The key to successful local initiatives lies not in woolgathering about cooperation with other levels of government but in identifying potential conflicts and using hard work and political savvy to build constituencies and head off objections. To demonstrate that point, this Article examines the legal status of local governments and recent efforts to …


Municipal Attorneys Can Find Answers In The Newly Released Third Edition Of Commercial Litigation In New York State Courts, Patricia E. Salkin Jan 2014

Municipal Attorneys Can Find Answers In The Newly Released Third Edition Of Commercial Litigation In New York State Courts, Patricia E. Salkin

Scholarly Works

This article contains a book review of the newest edition of Commercial Litigation in New York State Courts (West), edited by former New York County Lawyers President Robert Haig of Kelley Drye & Warren LLP. The author of this book review details why this treatise is an invaluable addition, not for the library shelf, but for prime desk space on the busy working lawyer’s desk. The author further notes that while the most recent edition of the treatise has been widely reviewed statewide, prior to this book review there has been little, if any, attention to the value of the …


Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro Jan 2013

Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro

Pepperdine Law Review

No abstract provided.


The Eu’S Ets And Global Aviation: Why “Local Rules” Still Matter In A Globalized World And Why They Might Matter Even More In The Future, Michael Buenger Jan 2013

The Eu’S Ets And Global Aviation: Why “Local Rules” Still Matter In A Globalized World And Why They Might Matter Even More In The Future, Michael Buenger

Michael Buenger

Over the last 60 years, the globe’s most powerful states and blocs of states (hereinafter “states”) have put considerable effort into coordinating international activities through the use of formal treaties and the acceptance of broad concepts of customary law. Yet in recent years entirely new forms of international lawmaking have emerged as evidenced by the rise of supernational institutions like the EU, non-state actors, and the unilateral extension of municipal law to shape global behavior. The EU’s unilateral extension of the ETS to global aviation is an example of this later development. Because of their economic size and political acumen, …


Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia Salkin Jul 2012

Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia Salkin

Patricia E. Salkin

No abstract provided.


Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin Jul 2012

Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin

Patricia E. Salkin

This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …


The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore Jan 2012

The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore

Law Faculty Scholarly Articles

Fifty years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case study of the practice of law before the Lexington-Fayette Urban County (LFUC) Board of Adjustment. This Article presents a new empirical study of the LFUC Board of Adjustment. Specifically, the study covers the eighteen month period from the Board’s July 2007 meeting through its December 2008 meeting. This Article discusses how the practice has changed and improved in the years since the Dukeminier-Stapleton study and the problems and difficulties that still remain.

The Article begins by describing the current procedure before the LFUC Board of Adjustment and how …


Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz May 2011

Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado School of Law

18 slides