State and Local Government Law Commons^™

Appeal No. 0740: Francis Smith, Dba Ridgeway Resources V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-27 and Chief's Order 2004-55

Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank

Faculty Scholarship

No abstract provided.

Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling

Indiana Law Journal

No abstract provided.

Physician Collective Bargaining: State Legislation And The State Action Doctrine, Roger D. Blair, Kristine L. Coffin

Cardozo Law Review

No abstract provided.

Gone Too Far: Measure 37 And The Perils Of Over-Regulating Land Use, Sara C. Bronin

Cornell Law Faculty Publications

In November 2004, Oregonians passed a ballot measure, Measure 37, that presented a radical remedy for landowners by preventing the state from engaging in regulatory takings without compensating landowners. It required that local governments either monetarily compensate landowners whose properties fall in value as a result of land use regulations or, under certain conditions, exempt those landowners from the regulations altogether. At its core, Measure 37 addressed Oregon voters' concern that - for all the good the land use system had done - the government had gone too far in prohibiting landowners from using their land as they saw fit. …

The North Korean Nuclear Crisis: Past Failures And Present Solutions, Morse Tan

ExpressO

North Korea has recently announced that it has developed nuclear weapons and has pulled out of the six-party talks. These events do not emerge out of a vacuum, and this article lends perspective based on an interdisciplinary lens that seeks to grapple with the complexities and provide constructive approaches based on this well-researched understanding. This article analyzes political, military, historical, legal and other angles of this international crisis.

Past dealings with North Korea have been unfruitful because other nations do not recognize the ties between North Korean acts and its ideology and objectives. For a satisfactory resolution to the current …

Battle Over Control Of Low-Level Radioactive Waste: Some States Are Overstepping Their Bounds, Melissa Beutler Orien

BYU Law Review

No abstract provided.

Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger

BYU Law Review

No abstract provided.

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

Journal Articles

In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the federal government, this new approach sees states as co-equals among themselves and between them and the federal government in a collective enterprise of democratic self-governance. This Symposium, organized around the theme of Dual Enforcement of Constitutional Norms, provides the occasion for leading scholars on state constitutional law to take a fresh look at their subject by adopting a vantage point outside of the individualized …

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.

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

Vanderbilt Law School Faculty Publications

In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the federal government, this new approach sees states as co-equals among themselves and between them and the federal government in a collective enterprise of democratic self-governance. This Symposium, organized around the theme of Dual Enforcement of Constitutional Norms, provides the occasion for leading scholars on state constitutional law to take a fresh look at their subject by adopting a vantage point outside of the individualized …

Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth

William Mitchell Law Review

This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …

Internet Voting With Initiatives And Referendums: Stumbling Towards Direct Democracy, Rebekah K. Browder

Seattle University Law Review

Imagine that it is Tuesday, November 4, 2008, and you realize that you have not yet voted for the candidate that you want to be President of the United States. The polls close at 7 p.m., and it is already 6:45 p.m. Instead of rushing off to the nearest polling place, you simply go to your computer, log in, fill out a ballot, and email your ballot to your designated polling website. The whole process takes fewer than ten minutes, and you have done your civic duty. Leading proponents of Internet voting point to five possible benefits of electronic voting: …

Erisa: State Regulation Of Insured Plans After Davila, 38 J. Marshall. L. Rev. 693 (2005), Donald T. Bogan

UIC Law Review

No abstract provided.

When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer

UIC Law Review

No abstract provided.

"Who's The Boss?": An Analytical And Practical Approach To Determine The "Employer" In A Defined Contribution Qualified Retirement Plan, 38 J. Marshall L. Rev. 1011 (2005), Megan Mccoy

UIC Law Review

No abstract provided.

Preventing "You've Got Mail"™ From Meaning "You've Been Served": How Service Of Process By E-Mail Does Not Meet Constitutional Procedure Due Process Requirements, 38 J. Marshall L. Rev. 1121 (2005), Matthew R. Schreck

UIC Law Review

No abstract provided.

Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel

UIC Law Review

No abstract provided.

The Applicability Of Constructive Eviction, Implied Warranty Of Habitability, Common-Law Fraud, And The Consumer Fraud Act To Ommissions Of Material Facts In A Commercial Lease, 38 J. Marshall L. Rev. 1289 (2005), Robert W. Gray

UIC Law Review

No abstract provided.

Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale

UIC Law Review

No abstract provided.

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.

Ohio's New Modified Joint And Several Liability Laws: A Fair Compromise For Competing Parties And Public Policy Interests, Clare Elizabeth Krumlauf

Cleveland State Law Review

This Note contends that if Ohio insists on retaining some form of joint and several liability, the recently adopted modified version is a desirable alternative to returning to the pure form. As compared to the pure form, the modified version promotes a more balanced tort system and represents a fair compromise to the competing interests of both plaintiffs and defendants. Part II of this Note reviews the history of joint and several liability and examines Ohio's application of this legal doctrine. Part III looks at prior constitutional challenges to various tort reform measures, and analyzes these challenges in light of …

Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald

Cleveland State Law Review

Part II of this Note briefly discusses the current state of public education in Ohio and outlines the DeRolph litigation and its implications. Part III focuses on the “thorough and efficient” education clause in the Ohio Constitution and analyzes its meaning from an historical perspective. Part IV addresses the theory behind the privatization of education in general, briefly discusses the history of privatization, and introduces different types of educational privatization in Ohio. Part V compares the ideology behind the education clause in the Ohio Constitution with privatization ideology and concludes that the two ideologies are in conflict. Part VI discusses …

Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Passage Of Community Property Laws, 1939-1947: Was "More Than Money" Involved?, Jennifer E. Sturiale

Michigan Journal of Gender & Law

Part I of this article reviews the legal landscape that provided the backdrop against which Michigan, Nebraska, Oklahoma, Oregon, and Pennsylvania later adopted community property laws. It also examines the tax consequences of the two Supreme Court cases, Lucas v. Earl and Poe v. Seaborn, that resulted in the disparate tax treatment of married couples in common law and community property law states. Part II briefly reviews the subsequent passage of community property laws by Michigan, Nebraska, Oklahoma, Oregon, and Pennsylvania; the passage of a federal tax reduction bill that provided for equal treatment of community property law and …

Competing Values Or False Choices: Coming To Consensus On The Election Reform Debate In Washington State And The Country, Tova Andrea Wang

Seattle University Law Review

This Article examines the problems revealed in Washington State's election system as a result of its staggeringly close gubernatorial election, and compares such problems to those encountered by other states in the 2004 election. It examines the challenge of fixing these problems through the prism of the ongoing debate over what values and goals are most important when making election administration decisions. The various values and goals of expanding voter access, increasing voter participation and election efficiency, preventing voter fraud, ensuring the count of every vote, and creating finality in the voting system are included in this examination. Throughout this …