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Articles 1 - 30 of 132
Full-Text Articles in State and Local Government Law
Public Use On The Loose: Clarifying The Takings Clause’S Public Use Requirement, Megan Hoefs
Public Use On The Loose: Clarifying The Takings Clause’S Public Use Requirement, Megan Hoefs
Pepperdine Law Review
The Fifth Amendment permits the taking of private property for “public use,” but modern courts refuse to question legislative determinations of that use. Although the Supreme Court has implicitly reserved a prohibition on takings done under a “mere pretext of public purpose,” lower courts are unsure of how to identify or evaluate such pretext. This Comment argues that the Public Use Clause requires a showing of good faith to be constitutionally sufficient. By reframing public use around good faith, this Comment offers a modest but necessary clarification that preserves the structure of existing doctrine while restoring the Clause’s function as …
Open And Shut: Non-Removal Statutesand Door-Closing Penalties, Isaac Zwerling
Open And Shut: Non-Removal Statutesand Door-Closing Penalties, Isaac Zwerling
Pepperdine Law Review
There is a longstanding tension in the Court’s treatment of non-removal statutes and door-closing penalties. On the one hand, the Court has held non-removal statutes—business registration statutes that condition a foreign corporation’s license on that corporation’s right to remove cases brought against it to federal court—pose an unconstitutional limit on federal court access. On the other, the Court has extended door-closing penalties statutes prohibiting unregistered foreign corporations from initiating an action in the forum state—to federal courts sitting in diversity. This Article surveys how the Court arrived at this puzzling result. It does so by analyzing each line of cases …
Socio-Legal Framework For Vulnerability: Using Public-Private Partnerships As A Tool For Disaster Management, Latisha Nixon-Jones
Socio-Legal Framework For Vulnerability: Using Public-Private Partnerships As A Tool For Disaster Management, Latisha Nixon-Jones
Pepperdine Law Review
As disasters continue to grow in size and intensity, the question arises: can governments effectively meet local and regional disaster response and recovery needs? This Article examines the history of utilizing public-private partnerships (PPPs) to enhance government functions in disaster management. The primary objective of this Article is to assess whether involving private entities in governmental roles is an effective strategy for building resilient communities and ensuring public safety, particularly for vulnerable populations. Existing literature focuses on the financial and logistical aspects of PPPs with mere mentions of legal importance. To address these failures, this Article proposes a novel socio-legal …
Correcting Confusion Over Commandeering, Supremacy, And Preemption: A User’S Guide To Modern Federalism, Vikram David Amar
Correcting Confusion Over Commandeering, Supremacy, And Preemption: A User’S Guide To Modern Federalism, Vikram David Amar
Pepperdine Law Review
Current disputes between state/local entities and the Trump administration, some of which build on flare-ups over the past few decades, place in sharp relief the key doctrinal features of modern federalism, many of which seem to confound the Supreme and lower courts, to say nothing of political actors and legal analysts. The mistakes being made run in both directions; sometimes states are wrongly confined, and in other episodes states are given (or are seeking) more than they are constitutionally due. In this Essay, I use several case studies—some from recent weeks or months and others from recent years or decades—to …
California: A New Golden Hub Of International Commercial Arbitration?, Tiffany Luu
California: A New Golden Hub Of International Commercial Arbitration?, Tiffany Luu
Pepperdine Dispute Resolution Law Journal
This article will explore 2018 SB 766’s impact on International Commercial Arbitration (ICA) within California and will propose initiatives to help California ascend in the list as a preferred seat of ICA. Part II provides the background context of ICA and its use in California. Part III explores the benefits of increasing the use of ICAs seated in California. Part IV suggests ways lawyers and the legal arbitration community can assist in making California a more attractive seat of ICA among international and domestic jurisdictions. Finally, Part V concludes by describing the effect that SB 766 and proposed initiatives will …
Default License Revocation In California Administrative Law, Jacob Reinhardt
Default License Revocation In California Administrative Law, Jacob Reinhardt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings, Office Of The District Of Columbia Auditor
Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings, Office Of The District Of Columbia Auditor
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre
State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Modernizing Illinois State Government: Transcript Of Press Conference Announcing Creation Of A Central Panel And Copy Of Executive Order, Bruce Rauner
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly Of The Commonwealth Of Pennsylvania
Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly Of The Commonwealth Of Pennsylvania
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Reconciling The Municipal Pension Problem With Chapter 9'S Automatic Stay: A Case Note On In Re City Of San Bernardino, Michael Simon
Reconciling The Municipal Pension Problem With Chapter 9'S Automatic Stay: A Case Note On In Re City Of San Bernardino, Michael Simon
The Journal of Business, Entrepreneurship & the Law
Using In re City of San Bernardino as a springboard, this Note explores both the descriptive and analytic dimensions of a municipality seeking relief from its pension woes within the context of Chapter 9 of the Bankruptcy Code. As a descriptive matter, this Note illustrates that municipalities need alternative solutions to address the growing public pension problem besides issuing municipal bonds. Given the structure of certain public defined benefit pension systems, the strategy of issuing municipal bonds to raise cash has substantial disadvantages. In certain contexts, Chapter 9 of the Bankruptcy Code provides a significantly better alternative. Unlike a business …
Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj
Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Simplifying The Standard Of Review In North Carolina Administrative Appeals, Sarah H. Ludington
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan
Administrative Adjudications In New Jersey: Why Not Let The Alj Decide?, Richard M. Hluchan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud
Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud
Pepperdine Law Review
No abstract provided.
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
Pepperdine Law Review
Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, state-by-state survey of water allocation law and its …
Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner
Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner
Pepperdine Law Review
No abstract provided.
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.
Pepperdine Law Review
No abstract provided.
Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West
Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West
Pepperdine Law Review
No abstract provided.
Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder
Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder
Pepperdine Law Review
No abstract provided.
The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons For The Feds, Edwin L. Felter Jr
The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons For The Feds, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke
The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Recent Legal Developments In State Oil And Gas Administrative Hearings, Patrick H. Martin
Recent Legal Developments In State Oil And Gas Administrative Hearings, Patrick H. Martin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Summaries Of Pennsylvania Administrative Agencies, Edward J. Schoenbaum
Summaries Of Pennsylvania Administrative Agencies, Edward J. Schoenbaum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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.
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Journal of the National Association of Administrative Law Judiciary
No abstract provided.