State and Local Government Law Commons^™

Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner

William & Mary Law Review

No abstract provided.

Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi

William & Mary Law Review

No abstract provided.

In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard

William & Mary Law Review

No abstract provided.

Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler

Faculty Publications

Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there is no clear analytical basis for federal involvement. At the same time, the federal government is relatively absent where a stronger federal presence could be justified. Conversely, states are precluded, discouraged, or otherwise inhibited from adopting environmental protections where state efforts would be worthwhile. In addition, state intervention seeps into areas where a dominant federal role would be more defensible. This jurisdictional …

The Fable Of Federal Environmental Regulation: Reconsidering The Federal Role In Environmental Protection, Jonathan H. Adler

Faculty Publications

Cleveland was the site of one of the seminal events in environmental history. On the morning of June 22, 1969, a stray spark ignited oil and debris on the surface of the Cuyahoga River. The resulting fire attracted relatively little local attention in Cleveland, but became a national event. Subsequently, Time, National Geographic, and The New York Times all wrote about the fire. It even inspired a song by Randy Newman. By many accounts, it lit the spark that led to the passage of the Federal Clean Water Act.

There are some problems with the traditional story of the Cuyahoga …

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Faculty Publications

In Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful "effects" in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs' connections with the forum state. Although Calder provided a welcome and much …

Court Administration As A Tool For Judicial Reform, Christie S. Warren

Faculty Publications

This paper focuses on court administration as a component of judicial branch reform in the United States and other countries.

Over the past fifty years, state and federal court systems in the United States have undergone a process of significant change. At the beginning of the twentieth century, courts were largely dependent upon the executive branch of government for administrative support and were for the most part externally dominated, disorganized, and poorly managed. By the end of the century, they had undergone a process of administrative innovation and improvement that changed the way they were managed. In other countries, judicial …

The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Constitution And Private Government: Toward The Recognition Of Constitutional Rights In Private Residential Communities Fifty Years After Marsh V. Alabama, Steven Siegel

William & Mary Bill of Rights Journal

This Article considers the application of the Supreme Court's state-action theory to residential commmunity associations (RCAs), a form of housing and community governance that has experienced extraordinary growth in recent years. Fewer than 500 RCAs were in existence in the United States before 1960. In the early 1990s, it was estimated that 32 million Americans lived in 150,000 RCAs. A continuing boom in RCA construction has led to predictions that twenty-five to thirty percent of Americans will be living in RCAs by early in the next century. Steven Siegel argues that this trend, although largely unnoticed, carries significant implications for …

Litigating State Constitutional Rights To Happiness And Safety: A Strategy For Ensuring The Provision Of Basic Needs To The Poor, Bert B. Lockwood, R. Collins Owens, Grace A. Severyn

William & Mary Bill of Rights Journal

No abstract provided.

An Improved Choice: The Virginia Limited Liability Company, James J. Wheaton

Faculty Publications

When the General Assembly adopted the Virginia Limited Liability Company Act (the "Act")' in 1991, Virginia joined just four other states in recognizing the potential of a relatively obscure business entity, the limited liability company ("LLC"). The LLC concept has spread rapidly since the adoption of the Virginia Act early last year. Three other states enacted LLC legislation in 1991, and in just the first few months of 1992, six more states followed the trend.

[...]

Although the number of LLCs formed in Virginia since the Virginia Act took effect last July displays the willingness of Virginia attorneys to recommend …

State Environmental Programs: A Study In Political Influence And Regulatory Failure, Lynda L. Butler

William & Mary Law Review

No abstract provided.

State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus

Faculty Publications

No abstract provided.

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

Faculty Publications

No abstract provided.

Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey

William & Mary Law Review

No abstract provided.

Constitional Basis And Implications Of Federal Collective Bargaining Legislation For State And Local Employees, Ronald C. Brown

Faculty Publications

No abstract provided.

The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Occupational Licensing And Certification: Remedies For Denial, Douglas A. Wallace

William & Mary Law Review

No abstract provided.

State Constitutions For The 20th Century, William F. Swindler

Faculty Publications

No abstract provided.

An Ombusdman For Local Government, Tom A. Collins

Faculty Publications

No abstract provided.

Procedure - Statute Of Limitations - Effect Of Nonresident Motorist Service On Tolling Provisions. Bergman V. Turpin, 206 Va. 539 (1965), Mark S. Dray

William & Mary Law Review

No abstract provided.

The Virginia "Stay Law", Montgomery Knight Jr.

William and Mary Review of Virginia Law

No abstract provided.

Rule 3:18(D): What Does It Mean?, T. H. Spainhour

William and Mary Review of Virginia Law

No abstract provided.

Annexation - The Requirement That It Must Be "Necessary And Expedient" (Norfolk V. Portsmouth, 1947), Donald H. Sandie

William and Mary Review of Virginia Law

No abstract provided.

South Carolina: Her Present Attitude And Future Action, N. Beverley Tucker

Faculty Publications

No abstract provided.

Passages In The Virginia Legislature, Lucian Minor

Faculty Publications

No abstract provided.

Political Science: A Discourse On The Questions, "What Is The Seat Of Sovereignty In The United States, And What The Relation Of The People Of Those States To The Federal And State Governments Respectively", N. Beverley Tucker

Faculty Publications

No abstract provided.

A Discourse On The Genius Of The Federative System Of The United States, N. Beverley Tucker

Faculty Publications

No abstract provided.