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State and Local Government Law

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Articles 1561 - 1590 of 2715

Full-Text Articles in Constitutional Law

Ultra Vires Takings, Matthew D. Zinn Oct 1998

Ultra Vires Takings, Matthew D. Zinn

Michigan Law Review

When does legislative or administrative regulatory action "go[] too far" and effectively amount to an .appropriation of private property for which the Fifth Amendment requires just compensation? This question has turned out to be one of the thorniest in American constitutional law. The Supreme Court has identified several circumstances in which one can expect to find a regulatory taking, but its numerous pronouncements on the subject give no clear rule to distinguish compensable takings from noncompensable interference with property rights. Notwithstanding its volume, the commentary on the Takings Clause by and large addresses only proper governmental action that rises to …


Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus Oct 1998

Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.


Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells Jun 1998

Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells

Washington and Lee Law Review

No abstract provided.


Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle Apr 1998

Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle

University of Arkansas at Little Rock Law Review

No abstract provided.


The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith Mar 1998

The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith

University of the District of Columbia Law Review

The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …


The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr. Feb 1998

The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr.

Michigan Law Review

It is commonplace to observe that "dual federalism" is dead, replaced by something variously called "cooperative federalism," "intergovernmental relations," or "marble-cake federalism." According to this conventional wisdom, state and local officials do not enforce merely their own laws in their distinct policymaking sphere. Rather, as analyzed in a voluminous literature, state and local governments also cooperate with the federal government in many policymaking areas, ranging from unemployment insurance to historic preservation. These nonfederal governments help implement federal policy in a variety of ways: by submitting implementation plans to federal agencies, by promulgating regulations, and by bringing administrative actions to enforce …


State And Federal Constitutional Law Developments, Rosalie Levinson Jan 1998

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Whose Federalism, S. Elizabeth Malloy Jan 1998

Whose Federalism, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …


Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres Jan 1998

Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres

Florida State University Law Review

No abstract provided.


Clerk Fees: Legislation And Litigation, J. Marleen Ahearn Jan 1998

Clerk Fees: Legislation And Litigation, J. Marleen Ahearn

Florida State University Law Review

No abstract provided.


New York's State Constitution In National Context, Robert F. Williams Jan 1998

New York's State Constitution In National Context, Robert F. Williams

Touro Law Review

No abstract provided.


Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz Jan 1998

Claims For Damages For Violations Of State Constitutional Rights - Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz

Touro Law Review

No abstract provided.


A Note To Our Readers, The Editors Jan 1998

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.


Double Jeopardy, Court Of Appeals: People V. Latham Jan 1998

Double Jeopardy, Court Of Appeals: People V. Latham

Touro Law Review

No abstract provided.


Due Process, Court Of Appeals: People V. Thompson Jan 1998

Due Process, Court Of Appeals: People V. Thompson

Touro Law Review

No abstract provided.


Due Process, Supreme Court, Appellate Division Third Department: Loyal Tire And Auto Center V. New York State Thruway Jan 1998

Due Process, Supreme Court, Appellate Division Third Department: Loyal Tire And Auto Center V. New York State Thruway

Touro Law Review

No abstract provided.


Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling Jan 1998

Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling

Touro Law Review

No abstract provided.


Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council Jan 1998

Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council

Touro Law Review

No abstract provided.


Establishment Of Religion, Court Of Appeals: Park Slope Jewish Center V. Congregation B'Nai Jacob Jan 1998

Establishment Of Religion, Court Of Appeals: Park Slope Jewish Center V. Congregation B'Nai Jacob

Touro Law Review

No abstract provided.


Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright Jan 1998

Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright

Touro Law Review

No abstract provided.


Free Speech, Court Of Appeals: People V. Tichenor Jan 1998

Free Speech, Court Of Appeals: People V. Tichenor

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell

Touro Law Review

No abstract provided.


Governmental Takings, Court Of Appeals: Kim V. City Of New York Jan 1998

Governmental Takings, Court Of Appeals: Kim V. City Of New York

Touro Law Review

No abstract provided.


Right To Counsel, Court Of Appeals: People V. Cohen Jan 1998

Right To Counsel, Court Of Appeals: People V. Cohen

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel Jan 1998

Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel

Touro Law Review

No abstract provided.


Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh Jan 1998

Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh

Touro Law Review

No abstract provided.


Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin Jan 1998

Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin

Touro Law Review

No abstract provided.


Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli Jan 1998

Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith

Touro Law Review

No abstract provided.