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Full-Text Articles in State and Local Government Law

Appeal No.1067: Arrowhead Road Services, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Sep 2026

Appeal No.1067: Arrowhead Road Services, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2025-512


Legislature Of The State Of Nevada V. Elko County, 142 Nev. Adv. Op. 57 (Aug. 20, 2026), Lillian Fitzpatrick Aug 2026

Legislature Of The State Of Nevada V. Elko County, 142 Nev. Adv. Op. 57 (Aug. 20, 2026), Lillian Fitzpatrick

Nevada Supreme Court Summaries

In Legislature of the State of Nevada v. Elko County, the Nevada Supreme Court struck down a school-funding tax mandate whose population range fit exactly one county—holding that a statute need not name Elko County to target it.


State Legislatures: Guardians Of The Federal Balance, Practical Strategies For Monitoring, Strengthening, And Sustaining American Federalism (Remarks), Christian G. Fritz Aug 2026

State Legislatures: Guardians Of The Federal Balance, Practical Strategies For Monitoring, Strengthening, And Sustaining American Federalism (Remarks), Christian G. Fritz

Faculty Scholarship

My remarks today are drawn from my book, Monitoring American Federalism: The History of State Legislative Resistance, and from an essay I wrote this year for the Center for the Study of Federalism about the responsibility of state legislators to sound the alarm when the federal government overreaches its constitutional authority.


Appeal No.1077: Chief Capital (O&G) Ii, Llc. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission Aug 2026

Appeal No.1077: Chief Capital (O&G) Ii, Llc. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2026-203


Appeal No.1076: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission Aug 2026

Appeal No.1076: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-185, 2026-194, and 2026-200


Appeal No.1066: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission Aug 2026

Appeal No.1066: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2025-405 , and 2025-416


Appeal No.1065: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission Aug 2026

Appeal No.1065: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2025-405 , and 2025-416


Appeal No.1071: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission Aug 2026

Appeal No.1071: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-76 and 2026-85


Appeal No.1074: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission Aug 2026

Appeal No.1074: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-185, 2026-194, and 2026-200


Appeal No.1075: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission Aug 2026

Appeal No.1075: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-185, 2026-194, and 2026-200


Appeal No.1070: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission Aug 2026

Appeal No.1070: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-76 and 2026-85


Who Controls The Block? How States Can Regulate Tokenized Residential Real Estate, David J. Reiss, Joseph Bizub, Justin Peralta Aug 2026

Who Controls The Block? How States Can Regulate Tokenized Residential Real Estate, David J. Reiss, Joseph Bizub, Justin Peralta

Cornell Law Faculty Working Papers

In July 2025, the City of Detroit filed a major nuisance abatement action against RealT, a fintech that had sold blockchain-based fractional interests in more than four hundred Detroit rental properties to some 22,000 investors around the world. Within a year, a court had ordered the company’s rents into escrow, the company had conceded to its investors that its “model no longer works,” and it had announced the liquidation of its portfolio -- leaving tenants without basic services and token holders facing steep losses.

This article uses the rise and collapse of RealT, together with case studies of the other …


Active Limited Partners Flunk Functional Test, Karen Burke Jul 2026

Active Limited Partners Flunk Functional Test, Karen Burke

UF Law Faculty Publications

In 1977, Congress enacted section 1402(a)(13), which exempts limited partners "as such" from self-employment tax on their share of partnership income. A half century later, active investment management professionals have claimed limited partner status to avoid self-employment tax on investment management fees, seemingly standing this anti-abuse rule on its head. While the Treasury twice issued proposed regulations to clarify and modernize the definition of a limited partner, these attempts encountered a firestorm of protest. The Tax Court's controversial Soroban decision rejected claims that state-law limited partners are automatically exempt from self-employment tax, holding that a functional analysis is required to …


Preemption Of State Fraudulent Transfer Law By The Bankruptcy Code, David G. Carlson Jul 2026

Preemption Of State Fraudulent Transfer Law By The Bankruptcy Code, David G. Carlson

Articles

The article argues that state law tort claims based on fraudulent transfers are preempted by the Bankruptcy Code. It contends that allowing such tort claims to persist interferes with a bankruptcy trustee's ability to achieve universal settlements and recover assets, as the trustee cannot guarantee immunity from third-party tort liabilities.


Governing Algorithmic Attention: Attention Safeguard Models And The Cognitive Attentional Standard As System Level Interventions In Human Computer Interaction, Behavioral Economics, And Artificial Intelligence, Delante Clark Jun 2026

Governing Algorithmic Attention: Attention Safeguard Models And The Cognitive Attentional Standard As System Level Interventions In Human Computer Interaction, Behavioral Economics, And Artificial Intelligence, Delante Clark

Graduate Scholarship and Creative Works

Algorithmic recommendation systems and interface designs shape attention by combining visually salient cues with uncertain reward timing and low friction interaction. These conditions can sustain anticipatory checking, extend time on task, and reduce natural disengagement points through patterns such as infinite scrolling and autoplay. This paper synthesizes research across neuroscience, human computer interaction, behavioral economics, and artificial intelligence to argue that attention capture is a predictable outcome of incentive driven design rather than an individual failure of self regulation. It advances the Attention Safeguard Models and the Cognitive Attentional Standard as system level interventions that regulate exposure conditions, pacing, and …


Appeal No.1068: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission Jun 2026

Appeal No.1068: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appleal of Chief's Orders 2026-41 and 2026-86


Appeal No.1073: Granite Ridge Holdings, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2026

Appeal No.1073: Granite Ridge Holdings, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2026-124


Appeal No.1069: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission Jun 2026

Appeal No.1069: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appleal of Chief's Orders 2026-41 and 2026-86


The Impact Of New York's 2026 Climate Law Retreat, Jonathan A. Binder, Vincent M. Nolette Jun 2026

The Impact Of New York's 2026 Climate Law Retreat, Jonathan A. Binder, Vincent M. Nolette

Sabin Center for Climate Change Law

On May 26, 2026, New York State enacted significant revisions to its 2019 Climate Leadership and Community Protection Act (CLCPA). The 2026 Amendments, which include changes to the greenhouse gas (GHG) emission accounting methodology, the statewide GHG emission limits, and the requirement to adopt implementing regulations, collectively weaken the Act's ambition. New York’s retreat from state climate action after championing it for years reflects a broader national trend of de-prioritizing mitigation efforts.

The 2026 Amendments will have vast and important consequences for the implementation of the CLCPA. Numerous actions will need to be updated through rulemaking, guidance, or other administrative …


Owning Geothermal Energy, Gabriel Eckstein Jun 2026

Owning Geothermal Energy, Gabriel Eckstein

Faculty Scholarship

Geothermal energy holds vast potential for decarbonizing the U.S. energy system, yet the sector remains significantly underdeveloped, supplying only 0.4% of the nation's electricity. A principal barrier to growth is the fragmented and ambiguous legal landscape currently governing ownership of geothermal resources: thirty-three states lack any clear statutory or common-law framework identifying who owns subsurface thermal energy. This Article examines the physical characteristics of geothermal energy, recent developments in the U.S. geothermal sector, and the principal doctrinal approaches that might govern ownership of subsurface heat, including the ad coelum doctrine, common-pool and open-access frameworks, the rule of capture, and public …


“Parties Vs. The People” Reconsidering The Voting Mechanisms That Entrench A Bi-Party System In American Democracy, John A. Guthrie May 2026

“Parties Vs. The People” Reconsidering The Voting Mechanisms That Entrench A Bi-Party System In American Democracy, John A. Guthrie

Honors Scholar Theses

This thesis argues that while the founders accepted factions as inevitable within a free republic, the rise of plurality voting and the modern two-party system has distorted the constitutional balance they envisioned. By examining the emergence of America’s first political parties and the evolution of electoral systems, this thesis contends that electoral reforms such as ranked-choice, approval, and STAR voting may better preserve republican representation and reduce partisan domination.


Against The Single-Subject Rule For The Citizen Initiative, Jonathan L. Marshfield May 2026

Against The Single-Subject Rule For The Citizen Initiative, Jonathan L. Marshfield

UF Law Faculty Publications

The citizen initiative allows voters to bypass state legislatures and propose laws for a statewide referendum. It exists in twenty-four states but has national significance because initiatives drive reform on contested issues. Recently, courts have begun to clamp down on the initiative. One significant trend is the strict enforcement of the single-subject rule to strike initiatives when they are considered too broad. Although courts are notoriously inconsistent with the rule, they assert two reasons for aggressive enforcement. First, they claim the rule’s historic purpose is to prevent any form of “logrolling”—including any imaginable aggregation of public-regarding voting blocs. Second, courts …


Fifty Ways To Leave Your Lover: Using State Constitutions To Escape The Dead Hand Of Article V, Meg Penrose May 2026

Fifty Ways To Leave Your Lover: Using State Constitutions To Escape The Dead Hand Of Article V, Meg Penrose

Faculty Scholarship

Thomas Jefferson believed that “the earth always belongs to the living generation.” His constitutional approach would empower twenty-first century Americans to decide twenty-first century problems regularly determined by the United States Supreme Court. Article V, the formal method for constitutional change, seemingly relegates these decisions to the Supreme Court because amending the federal Constitution is nearly impossible.

Unfortunately, our fixation on federal constitutional law often eclipses the power of state constitutional law. State constitutions balance our relatively static federal Constitution with responsive state governments. There is no need to debate what the Framers thought about modern issues when Americans can …


Groundwater Laws And Regulations: Survey Of Twenty-One U.S. States, Rebekah Acosta-Hueston, Abigail Adkins, Khadija Alibhai, Olivia Alland, Matthew C. Allen, Dan Archibald, Jeffrey Berk, John Broussard, Justin Cias, Bradford Eckhart, Blakely Fahning, Jackson Field, Michael Flores, Ellen Earl Gillis, Emma Golightly, Merrick Hayashi, David Hernandez, Kate Keithley, Matthew Maslanka, Erin Milliken, Lucas Mylet, Abigail Nichols, James O’Donnell, James Osteen, Connor Pabich, Cheryl Patterson, Rhyan Phillips, Sarah Rathmell, Margaret Reed, Laura Smith, Kelsi Sorrells, Brooke Thoendel, Ani Tookoian, Sandhya Wagle, Margaret Ward, Mackenzie Watson, Carolyn Wheeler, Ashley Wilde Apr 2026

Groundwater Laws And Regulations: Survey Of Twenty-One U.S. States, Rebekah Acosta-Hueston, Abigail Adkins, Khadija Alibhai, Olivia Alland, Matthew C. Allen, Dan Archibald, Jeffrey Berk, John Broussard, Justin Cias, Bradford Eckhart, Blakely Fahning, Jackson Field, Michael Flores, Ellen Earl Gillis, Emma Golightly, Merrick Hayashi, David Hernandez, Kate Keithley, Matthew Maslanka, Erin Milliken, Lucas Mylet, Abigail Nichols, James O’Donnell, James Osteen, Connor Pabich, Cheryl Patterson, Rhyan Phillips, Sarah Rathmell, Margaret Reed, Laura Smith, Kelsi Sorrells, Brooke Thoendel, Ani Tookoian, Sandhya Wagle, Margaret Ward, Mackenzie Watson, Carolyn Wheeler, Ashley Wilde

EENRS Program Reports & Publications

This report constitutes the third and final volume in an ongoing project designed to explore and articulate the groundwater quantity laws and regulations of all fifty U.S. states that could then be used for comparative research. This particular report presents surveys for twenty-one states from across the country. The first volume featured thirteen state surveys while the second volume contained sixteen additional state surveys. Both can be found on the project website at: https://www.law.tamu.edu/US-Groundwater-Laws.

Professor Gabriel Eckstein at Texas A&M University School of Law and Professor Amy Hardberger at Texas Tech University School of Law developed an analytical rubric …


Appeal No. 1046: David & Kathryn Belknap, Et Al. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission Apr 2026

Appeal No. 1046: David & Kathryn Belknap, Et Al. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2025-123


Appeal No. 1055: City Of Marietta. V. Division Of Oil & Gas Resources Management And Deeprock Disposal Solutions, Llc., Ohio Oil & Gas Commission Apr 2026

Appeal No. 1055: City Of Marietta. V. Division Of Oil & Gas Resources Management And Deeprock Disposal Solutions, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Steph #1 Well Permit


Appeal No. 1056: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Apr 2026

Appeal No. 1056: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2025-276 and 2025-320


Appeal No. 1057: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Apr 2026

Appeal No. 1057: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2025-276 and 2025-320


Law School News: Rwu Day Of Law And Justice Showcases Powerful Combinations At The Statehouse 4-9-2026, Jordan J. Phelan Apr 2026

Law School News: Rwu Day Of Law And Justice Showcases Powerful Combinations At The Statehouse 4-9-2026, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.


Appeal No. 1029: Appalachia Minerals, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Apr 2026

Appeal No. 1029: Appalachia Minerals, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2024-20