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Articles 961 - 990 of 2206
Full-Text Articles in State and Local Government Law
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Richmond Journal of Law and the Public Interest
In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …
Reviving Legislative Generality, Evan C. Zoldan
Reviving Legislative Generality, Evan C. Zoldan
Marquette Law Review
The Supreme Court does not recognize a constitutional principle disfavoring special legislation, that is, legislation that singles out identifiable individuals for benefits or harms that are not applied to the rest of the population. As a result, both Congress and state legislatures routinely enact special legislation despite the fact that it has been linked to a variety of social harms, including corruption and the exacerbation of social inequality. But the Court’s weak protections against special legislation, and the resulting harms, are not inevitable. Instead, special legislation can be limited by what may be called a value of legislative generality, that …
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Articles
Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Richmond Public Interest Law Review
In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …
There Oughta Be A Law—A Model Law, Mary Whisner
There Oughta Be A Law—A Model Law, Mary Whisner
Librarians' Articles
Uniform and model laws are frequently proposed to standardize “what the law is or should be” for specific jurisdictions. These model acts can come from national or international drafting organizations, such as the Uniform Law Commission, or from interest groups or associations that want to promote specific policies. Ms. Whisner provides an overview of the various types of model laws that researchers should know about.
The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Publications
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This Article proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and who vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that …
Uelma - Another First For Colorado, Susan Nevelow Mart
Uelma - Another First For Colorado, Susan Nevelow Mart
Publications
No abstract provided.
The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa
The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa
Faculty Publications
The United Nations Watercourses Convention entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles of the Watercourses Convention remain ambiguous. These limitations are illustrated in …
Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa
Faculty Publications
Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
15th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2013, Department Of Attorney General, State Of Rhode Island
15th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2013, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
Seattle University Law Review
In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …
Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner
Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner
Pepperdine Law Review
No abstract provided.
An Overview Of Arkansas' Right-To-Farm-Law, L. Paul Goeringer, H. L. Goodwin
An Overview Of Arkansas' Right-To-Farm-Law, L. Paul Goeringer, H. L. Goodwin
Journal of Food Law & Policy
In the 1980s, state legislatures in all fifty states enacted statutes commonly referred to as "right-to-farm" laws. Arkansas enacted its right-to-farm law ("the Act") in 1981. While there are similarities, these laws differ from state-to-state. All right-to-farm laws provide agricultural producers with statutory defenses to nuisance challenges, subject to certain conditions. As one scholar has noted, right-to-farm laws are designed "to protect existing farm investments by reducing actions under nuisance law that enjoined agricultural activities." These laws also work to preserve farmland and protect established farmland from the pressures of urbanization, allowing "farmers to continue with their husbandry pursuits rather …
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
Journal of Food Law & Policy
Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Preemption And Choice-Of-Law Coordination, Erin O'Hara O'Connor, Larry E. Ribstein
Preemption And Choice-Of-Law Coordination, Erin O'Hara O'Connor, Larry E. Ribstein
Michigan Law Review
The doctrine treating federal preemption of state law has been plagued by uncertainty and confusion. Part of the problem is that courts purport to interpret congressional intent when often Congress has never considered the particular preemption question at issue. This Article suggests that courts deciding preemption cases should take seriously a commonly articulated rationale for the federalization of law: the need to coordinate applicable legal standards in order to facilitate a national market or to otherwise provide clear guidance to parties regarding the laws that apply to their conduct. In situations where federal law can serve a coordinating function but …
The Road To Abolition: How Widespread Legislative Repeal Of The Death Penalty In The States Could Catalyze A Nationwide Ban On Capital Punishment, Nicholas M. Parker
The Road To Abolition: How Widespread Legislative Repeal Of The Death Penalty In The States Could Catalyze A Nationwide Ban On Capital Punishment, Nicholas M. Parker
Legislation and Policy Brief
On December 17, 2007, former New Jersey Governor Jon Corzine signed into law a bill that abolished his state’s death penalty, saying he felt a “moral duty to end ‘state-endorsed killing.’” With Corzine’s signature, New Jersey became the fourteenth state to eradicate the death penalty, and the first to do so legislatively since Iowa and West Virginia legislators did away with capital punishment in 1965. The vote by New Jersey lawmakers followed close, but ultimately unsuccessful, votes on similar bills in Colorado, Maryland, Montana, Nebraska, and New Mexico earlier in 2007. And while it took more than thirty-one years for …
Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth
Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth
Pepperdine Law Review
No abstract provided.
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
Pepperdine Law Review
California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Pepperdine Law Review
On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.
Dr. Boulderlove; Or, How I Learned To Stop Worrying And Love Local Antitrust Liability , Kevin Charles Boyle
Dr. Boulderlove; Or, How I Learned To Stop Worrying And Love Local Antitrust Liability , Kevin Charles Boyle
Pepperdine Law Review
Community Communications v. Boulder arose in the context of local cable registration, but the decision raised the specter of antitrust liability for nearly any local regulatory activity. This comment reviews state legislation enacted in response to Boulder against a framework of the post-Boulder "Parker Doctrine" and its probable requirements.
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen
Pepperdine Law Review
Until recently, California provided a relatively high level of constitutional protection to criminal defendants. With the passage of Proposition 8 in 1982, the California voters expressed their desire to decrease this level of protection in order to remove impediments to the effective prosecution of criminally accuseds. This comment will examine two of the major provisions of Proposition 8 and their effect on California law in light of major cases decided by the California Supreme Court in 1985.
The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell
The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell
Pepperdine Law Review
The proliferation of rent control laws in many California cities has led to a furious debate concerning its legal, economic, and social consequences. Leading scholars believe that rent control only exacerbates existing housing shortages and excludes the poor, the minority and the elderly from scarce rental housing. This article sets forth the proposition that the fixing of rent ceilings by a local government violates the federal antitrust laws and can be invalidated in federal court.
Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe
Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe
Pepperdine Law Review
No abstract provided.
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Pepperdine Law Review
No abstract provided.
Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman
Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman
Pepperdine Law Review
No abstract provided.
Corporation Code Sections 309 And 1203: California Redefines Directors' Duties Towards Shareholders, Ernest F. Batenga, Mark Willis
Corporation Code Sections 309 And 1203: California Redefines Directors' Duties Towards Shareholders, Ernest F. Batenga, Mark Willis
Pepperdine Law Review
No abstract provided.