State and Local Government Law Commons^™

Community Development Law, Economic Justice, And The Legal Academy, Peter R. Pitegoff

Faculty Publications

The evolution of community economic development (CED) over the past several decades has witnessed dramatic growth in scale and complexity. New approaches to development and related lawyering, and to philosophies underlying these approaches, challenge us to reimagine the framework of CED. From the early days of community development corporations to today’s sophisticated tools of finance and organization, this evolution reflects “why law matters” in pursuit of economic justice and opportunity. Change is visible in new approaches to enterprise development and novel grassroots initiatives that comprise a virtual “sharing economy,” as well as intensified advocacy around low-wage work and efforts to …

Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Middle Class, Urban Schools, And Choice, Michael Lewyn

Scholarly Works

It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl- that is, the movement of people and jobs from city to suburb.  This article discusses a variety of possible solutions to the unpopularity of urban schools among middle-class parents.  Part I of the Article suggests that this problem is a cause as well as a result of middle-class flight: that is, urban schools have poor reputations because …

Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn

Scholarly Works

Historically, progressives have opposed restrictive zoning, arguing that by restricting the housing supply to high-end housing, zoning reduces the supply of housing available to lower-income Americans. But recently, some progressives have suggested that new market-rate housing facilitates gentrification and displacement of lower-income renters. This article critically examines that theory.

Domicile Dismantled, Kerry Abrams, Kathryn Barber

Faculty Scholarship

No abstract provided.

New York Abortion Reform - A Critique, Wilfred R. Caron

The Catholic Lawyer

No abstract provided.

Demythologizing Abortion Reform, Robert M. Byrn

The Catholic Lawyer

No abstract provided.

When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Georgia Journal of International & Comparative Law

No abstract provided.

Slides: Flpma In Its Historical Context, John D. Leshy

FLPMA Turns 40 (October 21)

Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law

36 slides

This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.

See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm

The Middle Class, Urban Schools And Choice, Michael Lewyn

Scholarly Works

Urban schools tend to be less attractive to middle-class parents than suburban schools; as a result, the public school system generates suburban sprawl.  This talk discusses both egalitarian and market-oriented means of making cities more attractive to parents.

Note: Legal Recognition Of The Battered-Child Syndrome

The Catholic Lawyer

No abstract provided.

Recent Decision: State Anti-Discrimination Act Not A Burden On Interstate Commerce

The Catholic Lawyer

No abstract provided.

Note: New York's Civil Rights Legislation - A Pattern Of Progress

The Catholic Lawyer

No abstract provided.

Authenticity Key To Success In Life And In Legal Information, Susan Drisko Zago

Law Faculty Scholarship

[Excerpt] "Authenticity is defined as something that is not false or an imitation. Savvy consumers pay a premium for an authentic product and treat with suspicion a product that does not ring true.

We have a system of trademark and copyright protections that protect a company’s intellectual property rights and brands and consumer protections to protect the consumer from counterfeit and unsafe products. Now, there is model legislation that will provide a systematic way to protect, preserve and provide better electronic access to the bread and butter of our legal profession: our official state legal documents."

The Priorities And Accomplishments Of Kentucky Legislators : Is There A Gender Difference?, Amanda Allen

College of Arts & Sciences Senior Theses

This thesis uses Kentucky as a case study of gender differences in the policy priorities and perceptions of accomplishments of state legislators. The research question is, “are there gender differences in the legislative priorities and perceptions of accomplishments of Kentucky legislators?” The legislative priorities of the legislators seemed to be similar, along with their own classification of women’s issues. The perceptions of success demonstrated that male legislators were not necessarily more likely to attribute success to themselves, whereas women would attribute success to collaboration efforts. The research was completed through confidential interviews with Kentucky legislators and analysis of the 2015 …

Tax Increment Financing: A Tool For Growth In Grapevine, Texas, Nathaniel C. Chadwick

Political Science Undergraduate Honors Theses

Tax Increment Financing (TIF) has become an increasingly popular tool for economic development used by state and local governments. The legislation enabling TIF and its consequences vary greatly between states, causing some controversy. Through a case study based in the City of Grapevine, Texas, this research analyzes factors influencing TIF districts and their effectiveness in achieving their respective goals.

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

Motorcycle Helmet Effectiveness In Reducing Head, Face And Brain Injuries By State And Helmet Law, Cody S. Olsen, Andrea M. Thomas, Michael Singleton, Anna M. Gaichas, Tracy J. Smith, Gary A. Smith, Justin Peng, Michael J. Bauer, Ming Qu, Denise Yeager, Timothy Kerns, Cynthia Burch, Lawrence J. Cook

Biostatistics Faculty Publications

Background: Despite evidence that motorcycle helmets reduce morbidity and mortality, helmet laws and rates of helmet use vary by state in the U.S.

Methods: We pooled data from eleven states: five with universal laws requiring all motorcyclists to wear a helmet, and six with partial laws requiring only a subset of motorcyclists to wear a helmet. Data were combined in the Crash Outcome Data Evaluation System's General Use Model and included motorcycle crash records probabilistically linked to emergency department and inpatient discharges for years 2005-2008. Medical outcomes were compared between partial and universal helmet law settings. We estimated adjusted relative …

Local Home Rule In The Time Of Globalization, Kenneth A. Stahl

BYU Law Review

Cities are increasingly taking the lead in tackling global issues like climate change, financial regulation, economic inequality, and others that the federal and state governments have failed to address. Recent media accounts have accordingly praised cities as the hope of our globally networked future. This optimistic appraisal of cities is, however, undermined by local governments’ cramped legal status. Under the doctrine of home rule, local governments can often only act in matters deemed “local” in nature and cannot regulate “statewide” issues that may have impacts beyond local borders. As a result, the global issues that local governments are being praised …

A New Frontier In Campaign Finance Regulation, John M. Greabe

Law Faculty Scholarship

In recent years, the United States Supreme Court has taken what many regard as a doctrinaire approach to campaign finance regulation. It has seized on the indisputable proposition that limits on campaign expenditures and contributions implicate important First Amendment values and, pressing the proposition to logical extremes, invalidated a number of federal and state laws that had imposed such limits.

This newspaper editorial discusses recently proposed legislation in the state of New Hampshire that would collect fees on expenditures made by individual political candidates, PACs, and Super PACS. The collected fees would be used to help the state justice department …

Rejected For Exposure, Jessica Hanes, Seth Quidachay-Swan

Law Librarian Scholarship

A story published recently in the Detroit News about a Michigan man “asserting a constitutional right to take ‘ballot selfies’ by challenging the state’s long-standing ban on voting station and polling place photography” sparked our interest in whether generational social media preferences might be the driving force for citizens who seek to overturn such laws. After all, the plaintiff is among the earliest born into the Millennial generation, over half of which (55%) have shared a selfie on social media as of 2014, a practice that has become ubiquitous even in politics.

The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King

Indiana Law Journal

The average family of four in the United States spends $25,826 per year on health care. American health care costs so much because we both overuse and overpay for health care goods and services. The Affordable Care Act’s cost control policies focus on curbing overutilization by encouraging health care providers to integrate to pro-mote efficiency and eliminate waste, but the cost control policies largely ignore prices. This article examines this overlooked half of health care cost control policy: rising prices and the policy levers held by the states to address them. We challenge the conventional wisdom that reducing overutilization through …

Living With Owning, Matt Ampleman, Douglas A. Kysar

Indiana Law Journal

In October, 2011, Terry Thompson committed suicide by gunshot after cutting open the cages of fifty-six exotic animals on his farm in Zanesville, Ohio. Fearing for pub-lic safety, law enforcement officers systematically hunted down the escaped animals in an episode that garnered international attention and prompted renewed discus-sion of the propriety of exotic animal ownership. This Article retells and discusses the circumstances surrounding Terry Thompson’s unhinging, applying frameworks of legal theory, chiefly in the realm of property law, to assess the fabric that held Thompson’s delicate system together and the tensions that led to its unravelling. As an autopsy, the …

Neighborhoods By Assessment: An Analysis Of Non-Ad Valorem Financing In California, Mathew D. Mccubbins, Ellen C. Seljan

Faculty Scholarship

Non-ad valorem assessments on property are a fiscal innovation born from financial stress. Unable to raise property taxes due to limitations, many localities have turned to these charges as an alternative method to fund local services. In this paper, we seek to explain differential levels of non-ad valorem assessment financing through the analysis of property tax records of a large and diverse set of single family homes in California. We theorize that assessments, as opposed to other forms of taxation, will be used when residents hold anti-redistributive preferences. We show that assessment financing is most common in cities with high …

Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

From Bail Bondsmen To Risk Assessments: Assessing Kentucky's Pretrial Release Approaches, Ismaila Ceesay

MPA/MPP/MPFM Capstone Projects

As one of only four states that ban bail bond companies, Kentucky is an experiment in the “laboratory of democracy,” which is made even more interesting because the state has tried three different approaches to pretrial release—the Pre-1976 approach, the 1976 to 2011 approach, and the 2011 to present approach. An assessment of these approaches show s how state actions and inaction can affect the right to pretrial release and underscores the importance of adopting appropriate state pretrial release policies.

A Review Of University Responses To Informal Queries And Open Records Requests For Aggregate Hiring-Related Data, Sheila Brothers

MPA/MPP/MPFM Capstone Projects

Open records (OR) laws ensure that members of the public, including public managers, directors of nonprofit organizations, and individual citizens, have access to the records created by public agencies. Local government and state government agencies are generally recognized to be subject to OR laws, but so are Kentucky’s public universities. The author created a survey to review the responses to both an informal query and a formal open records request made of Kentucky’s eight public, four-year universities (Eastern Kentucky University; Kentucky State University; Morehead State University; Murray State University; Northern Kentucky University; University of Kentucky; University of Louisville; and Western …

The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen

Research Collection Yong Pung How School Of Law

In 2012, Singapore amended its Misuse of Drugs to give courts hearing capital drug trafficking cases the discretion to replace the default death penalty with life imprisonment and caning, provided that the accused person can show that he was merely a drug courier and the prosecution certifies that he had substantively assisted the authorities in disrupting drug trafficking activities. The Singapore High Court and Court of Appeal have since made important pronouncements on the 2012 amendments, but several challenges remain: first, whether the privilege against self-incrimination has been further eroded; secondly, whether an accused person can invoke the statutory relief …

The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher

BYU Law Review

No abstract provided.