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State and Local Government Law Commons™
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Articles 91 - 120 of 145
Full-Text Articles in State and Local Government Law
The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth A. Stahl
The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth A. Stahl
Cardozo Law Review
No abstract provided.
Foreign Music Acts And United States Taxation, Aninda Dhar
Foreign Music Acts And United States Taxation, Aninda Dhar
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Sensors And Sensibilities, Kevin Werbach
The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon
The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon
Articles
No abstract provided.
Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade
Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade
Cardozo Law Review
No abstract provided.
Begging Underground? The Constitutionality Of Regulations Banning Panhandling In The New York City Subway System, Jordana Schreiber
Begging Underground? The Constitutionality Of Regulations Banning Panhandling In The New York City Subway System, Jordana Schreiber
Cardozo Law Review
No abstract provided.
Buying White Beauty, Imani Perry
Buying White Beauty, Imani Perry
Cardozo Journal of Equal Rights & Social Justice
The article argues that the global phenomenon of skin-bleaching is a manifestation of structural inequality rooted in race, poverty, and globalization. It critiques how the marketing and use of skin-whitening products perpetuate racial hierarchies and reflects broader societal power dynamics, emphasizing the need for legal and regulatory responses to address the health and social implications of this practice.
A Powers-Based Approach To The Protection Of Ideas, Larissa Katz
A Powers-Based Approach To The Protection Of Ideas, Larissa Katz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Standard Of Review For Article 78 Review Of Special Use Denials By Operation Of New York General Municipal Law § 239-M: A Two-Step Analysis, Andrew Pak
Cardozo Law Review
No abstract provided.
Physician Collective Bargaining: State Legislation And The State Action Doctrine, Roger D. Blair, Kristine L. Coffin
Physician Collective Bargaining: State Legislation And The State Action Doctrine, Roger D. Blair, Kristine L. Coffin
Cardozo Law Review
No abstract provided.
Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells
Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells
Cardozo Law Review
No abstract provided.
Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles
Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles
Cardozo Law Review
No abstract provided.
The Emerging Section 1983 Private Party Defense, Sheldon Nahmod
The Emerging Section 1983 Private Party Defense, Sheldon Nahmod
Cardozo Law Review
No abstract provided.
Price Considerations In The Market For Corporate Law, Michal Barzuza
Price Considerations In The Market For Corporate Law, Michal Barzuza
Cardozo Law Review
No abstract provided.
The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper
The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper
Cardozo Journal of International and Comparative Law
The note examines the impact of Quebec's Municipal Merger Law, enacted in 2000, on the Anglophone community, arguing that the law has eroded Anglophone rights, reduced political representation, and exacerbated linguistic tensions. The law, upheld by courts as constitutional, amalgamated 64 municipalities into five megacities, including Montreal, and designated Montreal as unilingually French, contrary to prior bilingual frameworks. The merger process was criticized for its undemocratic nature, lack of public consultation, and disproportionate harm to Anglophone civil service employment. The analysis highlights the long-standing tensions between Anglophone and Francophone communities and explores the high costs and political challenges of reversing …
Between The Two Fears, Juliet Flower Maccannell
Between The Two Fears, Juliet Flower Maccannell
Cardozo Law Review
No abstract provided.
Amusing Monsters, Anthony Paul Farley
Popular Sovereignty And The Electoral College, John O. Mcginnis
Popular Sovereignty And The Electoral College, John O. Mcginnis
Articles
No abstract provided.
Serendipity And Abduction In Proofs, Presumptions, And Emerging Laws, Pek Van Andel, Danièle Bourcier
Serendipity And Abduction In Proofs, Presumptions, And Emerging Laws, Pek Van Andel, Danièle Bourcier
Cardozo Law Review
No abstract provided.
Avoidance Theory According To Steve Nickles, David Gray Carlson
Avoidance Theory According To Steve Nickles, David Gray Carlson
Cardozo Law Review
No abstract provided.
Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton
Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton
Articles
The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme …
Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo
Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo
Cardozo Law Review
No abstract provided.
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Articles
The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.
The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Articles
No abstract provided.
The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg
The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg
Cardozo Law Review
No abstract provided.
Intermediate Questions Of Religious Exemptions - A Research Agenda With Test Suites, Eugene Volokh
Intermediate Questions Of Religious Exemptions - A Research Agenda With Test Suites, Eugene Volokh
Cardozo Law Review
No abstract provided.
The Religious Liberty Protection Act: The National League Of Cities' Perspective, Susan M. Parnas
The Religious Liberty Protection Act: The National League Of Cities' Perspective, Susan M. Parnas
Cardozo Law Review
No abstract provided.
Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine
Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Against Free-Form Formalism, David M. Golove
Against Free-Form Formalism, David M. Golove
Articles
Article II, Section 2 of the Constitution provides that the President shall have the power to make treaties by and with the consent of two-thirds of tie Senate. Yet, most of the international agreements into which the United States has entered over the last fifty years, including NAFTA and the WTO Agreement, have been concluded as congressional-executive agreements-a procedure by which the President submits an agreement to both houses of Congress for simple majority approvaL In an article in the Harvard Law Review entitled "Is NAFTA Constitutional?," Professors Bruce Ackerman and David Golove attempted to provide this practice with constitutionalfoundations. …
Metropolitanism, Progressivism, And Race, Edward A. Zelinsky
Metropolitanism, Progressivism, And Race, Edward A. Zelinsky
Articles
Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land use authority of local governments be diminished through court-ordered zoning for low-income housing.
Professor Zelinsky is skeptical of these well-intentioned proposals. The metropolitan governments advocated by Rusk and Peirce would be less responsive than the smaller localities they would replace and less likely to …